The Commerce Department amended its direct product rule, increasing restrictions on foreign-made chips exported to, and made by, Huawei and its affiliates, the agency said in a May 15 interim final rule. Commerce also said it does not expect to issue another temporary general license extension for the Chinese technology company after its latest 90-day renewal expires Aug. 13.
Chip export news
The Commerce Department announced increased restrictions on foreign-made chips exported to, and made by, Huawei and its affiliates, and said it does not expect to issue another temporary general license extension for the Chinese technology company after its latest 90-day renewal expires Aug. 13.
Japan plans to place more of an emphasis on attracting and keeping semiconductor manufacturing and its supply chains, according to an unofficial translation of a transcript of a May 12 press conference held by Japan’s Ministry of Economy, Trade and Industry. Japan said it will put more money into research and development of semiconductors to attract high-tech chip making. “It is extremely important for Japanese industry to secure the cutting-edge semiconductors needed for post-5G,” a ministry official said. “[W]e are aware that we have to work on these things, and in terms of the coronavirus [pandemic], think about how to firmly reorganize the supply chain.” The U.S. also wants to attract semiconductor supply chains as the administration steps up export restrictions with regard to China (see 2005060017 and 2005050035).
The U.S. should be mindful of not harming the U.S. technology industry as it seeks to impose export restrictions on semiconductor shipments to China, said James Andrew Lewis, director of the technology policy program at the Center for Strategic and International Studies. Those restrictions could cut the U.S. off from consumers, leading foreign companies to design U.S. components out of their products and build alternate supply sources, Lewis said in a May 5 CSIS post.
Senior administration officials agreed to new measures to further restrict foreign exports of chips to Huawei (see 2003050041), according to a March 26 Reuters report. The measures would alter the Foreign Direct Product Rule to restrict foreign sales that contain U.S. chip making equipment, Reuters said, although it remains unclear if President Donald Trump will sign off on the change. Trump has said that he wants to ease restrictions on exports and sell more to China (see 2002180057). The change, which has been discussed within the administration for months (see 1912100033, 1912130052 and 2002050047) has been met with criticism from the semiconductor industry (see 2002180060). The White House and the Commerce Department Bureau of Industry and Security did not comment.
Hundreds of vessels dredged sand in North Korea’s Haeju Bay before illegally exporting it to China, according to a March report from C4ADS, a nonprofit data analysis organization. The operation, which took place in May 2019, violated United Nations Security Council resolutions and demonstrates “a level of sophistication unlike other known cases of North Korean sanctions evasion at sea,” the report said, shedding light on North Korea’s ability to “execute complex operations” to export goods. The sand was dredged by a “large fleet” that sailed from Chinese waters to North Korea, spiking traffic in Automatic Identification System traffic in the waters, the report said. The traffic was unusual because vessels rarely transmit their AIS numbers, in order “to avoid scrutiny from sanctions monitors.” The sand can be used to construct concrete, glass and silicon chips used on electronic devices, the report said.
China has taken “numerous actions” to begin implementing its agricultural purchase commitments under the U.S-China phase one trade deal, the Office of the U.S. Trade Representative said Feb. 25. China recently announced it will allow imports of U.S. “fresh chipping potatoes” (see 2002240011), lifted an import ban on U.S. poultry and poultry products (see 1911140019) and lifted restrictions on certain pet food imports (see 2002240010) from the U.S. China also updated its list of facilities approved for exporting animal protein, pet food, dairy, infant formula and tallow, updated the list of goods that can be exported to China as feed additives and updated an approved list of imported U.S. seafood species.
Discussions within the Commerce Department to expand U.S. export control jurisdiction over foreign exports to Huawei and beyond would have a chilling effect on the U.S. semiconductor industry, said John Neuffer, president of the Semiconductor Industry Association. Neuffer said current U.S. export restrictions on Huawei are already hurting the industry’s ability to sell to China -- which represents about 35% of U.S. semiconductor sales -- and more restrictions would further alienate Chinese customers who are weary of being added to Commerce’s Entity List. “Some of them are afraid they’re next,” Neuffer said during a Feb. 18 panel hosted by the Information Technology and Innovation Foundation.
The Commerce Department withdrew a rule that was expected to impose controls on exports of field effect transistor technology (see 1912170031), according to the Office of Information and Regulatory Affairs within the Office of Management and Budget. The “Gate-All-Around Field Effect Transistor (GAAFET) Technology” rule, which was sent to OIRA in November and withdrawn Feb. 11, was expected to be one of six rules issued by Commerce early this year (see 1912160032) as part of the agency’s effort to control emerging technologies. Commerce has faced delays while trying to release the rules, which officials expected to be issued by now (see 2002040057). So far, Commerce has issued one rule in the vein of emerging technologies: a January interim final rule to control geospatial imagery software (see 2001030024).
As the coronavirus outbreak disrupts supply chains, U.S. agricultural exporters are unsure when normal cargo processing will resume and are concerned about penalties from ocean freight carriers, according to a Feb. 3 open letter to ocean carriers by Agriculture Transportation Coalition Executive Director Peter Friedmann.