The U.S. effort to box out Huawei shows how complex and intertwined the issues are, the Asia Society Policy Institute president and a former deputy secretary of state said Jan. 28. Former Australia prime minister Kevin Rudd, now president of ASPI, said he's spoken with many people in the U.S. semiconductor industry, and they tell him that their ability to reinvest at the scale they need to remain dominant in the latest advances “hangs in part on their ability to export to China.” He asked, if the government bans those exports, will it “then step in to supplement on the order of tens of billions each year?”
Chip export news
The Commerce Department is close to publishing a rule that will expand its authority to block shipments of foreign made goods to Huawei, according to a Jan. 14 Reuters report. The rule would lower the U.S.-origin threshold on exports to Huawei to 10 percent, Reuters said, and expand the purview to include “non-technical goods like consumer electronics” and “non-sensitive chips.” Commerce sent the rule to the Office of Management and Budget after an interagency meeting last week, the report said. A top Commerce official recently confirmed the agency was considering a range of expanded restrictions of foreign exports to Huawei, including changes to the Direct Product Rule and a broadened de minimis level (see 1912100033).
The Trump administration successfully persuaded the Dutch government to not renew an export license for a Dutch chip manufacturer, which was poised to sell the technology to China, according to a Jan. 6 Reuters report. The administration “mounted an extensive campaign” to block the sale, which included lobbying from Secretary of State Mike Pompeo and White House officials, who shared “classified intelligence” with the Netherlands’ prime minister, Reuters said. The campaign began in 2018 after the Netherlands granted an export license to ASML, a semiconductor equipment company, to sell “its most advanced machine” to a Chinese customer.
An Iranian businessman was sentenced to 46 months in prison for illegally exporting carbon fiber from the U.S. to Iran, the Justice Department said Nov. 14. Behzad Pourghannad worked with two others between 2008 and 2013 to export the carbon fiber to Iran from third countries using falsified documents and front companies, the agency said.
Huawei is urging suppliers to move operations offshore to avoid U.S. sanctions and export controls, which would violate U.S. law, according to a Dec. 3 Reuters report. The Chinese technology giant has been “openly advocating” for companies to escape the jurisdiction of U.S. controls so sales can continue, Commerce Secretary Wilbur Ross told Reuters. “Anybody who does move the product out specifically to avoid the sanction ... that’s a violation of U.S. law,” Ross said. “So here you have Huawei encouraging American suppliers to violate the law.”
A U.S. foundation representing organizations in the semiconductor technology sector will move to Switzerland due to concerns over U.S. trade restrictions, according to a Nov. 25 Reuters report. RISC-V Foundation, a non-profit, said it has not yet faced restrictions but is “concerned about possible geopolitical disruption,” according to Reuters. The move comes as the Commerce Department restricts sales to certain Chinese technology companies (see 1911180036 and 1910070076) and prepares to release proposed restrictions on emerging and foundational technologies (see 1911200045).
The U.S. should expand export controls against China and study the country’s efforts to dominate emerging technology sectors, the U.S.-China Economic and Security Review Commission said. In its 2019 annual report, the USCC painted a somewhat grim picture for the prospects of U.S technology competition with China, saying China is committed to maintaining a dominant economic role in trade negotiations and is focused on outpacing the U.S. in the artificial intelligence sector -- a key area of concern for upcoming U.S. export control regimes. To combat this, the commission made several recommendations to Congress to safeguard U.S. technologies, improve foreign market access for U.S. exporters and pre-empt Chinese attempts to undercut U.S. companies and sanctions.
A California resident was indicted for illegally exporting 11 packages of turtles to Hong Kong, the Justice Department said in an Oct. 23 press release. Keri Zhang Wang allegedly placed the box turtles and map turtles inside socks, which she placed inside shoe boxes “with packing materials.” She placed the shoebox “under bags of snacks and chips for shipping” and did not label the packages as containing turtles, the Justice Department said. The turtles are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and Zhang Wang did not have the required permits to export them, the press release said. Zhang Wang was charged with four counts of smuggling goods and four counts of Lacey Act false labeling. She faces a maximum 10-year prison sentence and a $250,000 fine.
South Korea and Japan are still far apart in consultations over their trade dispute and don’t expect the U.S. to meditate negotiations, South Korea said.
Japan said it allowed exports of hydrogen fluoride to South Korea in August, disputing what it called “incorrect” media reports that said Japan stopped all such the exports, according to a Sept. 27 press release from the Ministry of Economy, Trade and Industry. Japan said “certain amounts of controlled hydrogen fluoride” have been released for export to South Korea, and that it will grant export licenses for fluorinated polyimide, resists and hydrogen fluoride if the exports of those items of concern are “verified as legitimate civil transactions.” In July, Japan added restrictions on exports to South Korea of the three chemicals commonly used in smart chips and other high tech goods (see 1907010020).