Trump Administration Initiates Section 232 Investigation into Imports of Polysilicon and Seeks Public Comments

On July 1, 2025, the Department of Commerce initiated an investigation under Section 232 of the Trade Expansion Act, as amended, to determine the effects on the national security of imports of polysilicon and its derivatives (items considered to be critical solar energy inputs). The Department’s Bureau of Industry and Security (BIS) subsequently issued a Notice of Request for Public Comments indicating that interested parties may submit written comments, data or other information pertinent to the investigation no later than August 6, 2025.

BIS is particularly interested in comments addressing:

1. the current and projected demand for polysilicon and its derivatives in the United States;
2. the extent to which domestic production of polysilicon and its derivatives can meet domestic demand;
3. the role of foreign supply chains in meeting U.S. demand for polysilicon and its derivatives;
4. the concentration of U.S. imports of polysilicon and its derivatives from a small number of suppliers and the associated risks;
5. the impact of foreign government subsidies and predatory trade practices on the competitiveness of the polysilicon and its derivatives, in the United States;
6. the economic impact of artificially suppressed prices of polysilicon and its derivatives due to foreign unfair trade practices and state-sponsored overproduction;
7. the potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over supplies of polysilicon and its derivatives;
8. the feasibility of increasing domestic capacity for polysilicon and its derivatives to reduce import reliance;
9. the impact of current trade policies on domestic production of polysilicon and its derivatives, and whether additional measures, including tariffs or quotas, are necessary to protect national security; and
10. any other relevant factors.

Comments must be submitted via www.regulations.gov. The Docket ID for this notice is BIS-2025-0028, and submitters must refer to XRIN 0694-XC128 in all comments. In initiating this investigation, the Secretary of Commerce must, within 270 days, submit a report to President Donald Trump with findings and recommendations on potential actions to mitigate any national security threats. While the Section 232 process allows for public hearings, it is unknown at this time whether Secretary of Commerce Howard Lutnick will direct such a process.