Semiconductor firms are hoping to convince the Biden administration to reverse some export restrictions against Huawei as the new administration undergoes a review of China-related policies, Reuters reported Feb. 11. The companies believe significant changes are unlikely but hope to appeal to U.S. interagency panels that at least some restrictions should be lifted, the report said. The Commerce Department, which oversees the restrictions, didn’t comment. In its final weeks in office, the Trump administration issued a flurry of license denials for exports to Huawei after months of inaction on the applications, partly caused by COVID-19 pandemic-related delays (see 2101150062). Export control lawyers say they have not yet seen a shift in the Huawei licensing policy under President Joe Biden (see 2102080046).
The Semiconductor Industry Association wants the new administration to include substantial funding for semiconductor manufacturing and research via grants and tax credits in its economic recovery plan. In a Feb. 11 letter to President Joe Biden, SIA said its competitors worldwide have an unfair advantage due to incentives and subsidies provided by their governments. SIA said the U.S. took a step in the right direction when it passed the Creating Helpful Incentives to Produce Semiconductors for America Act, or CHIPS for America Act, in the 2021 defense bill, but it said more is needed. “Semiconductors are critical to the U.S. economy, American technology leadership, and our national security,” the letter said. “They enable the technologies needed to realize your Build Back Better goals, including smarter and safer transportation, greater broadband access, cleaner energy, and a more efficient energy grid, while also providing high-paying jobs for Americans and strengthening our advanced manufacturing base.”
A panel of scholars and a former general consul in Hong Kong agreed that the Biden administration is likely to place more emphasis on export controls and industrial policy to support domestic semiconductor production, and less on the trade deficit and tariffs, even as the new president has to decide what to do about Section 301 tariffs at some point. They were speaking on a virtual panel about U.S.-China relations hosted by the Washington International Trade Association on Feb. 8.
Industry should expect the Biden administration’s review of Trump-era China policies -- including export controls and licensing decisions -- to take two to three months, trade lawyer Peter Lichtenbaum said. He also said the Bureau of Industry and Security will continue to adhere to the Trump administration's strict Huawei licensing policy until it’s changed by incoming political appointees, which has not yet happened.
One of the largest impacts felt from the drastic change in mandate and reach of the Committee on Foreign Investment in the U.S. in the last few years is how lawyers, business people and investors are viewing the committee. Speaking at a Capitol Forum webinar on Feb. 4, three CFIUS industry experts highlighted how far more resources are being exerted on CFIUS compliance measures than at any time since its inception. This is largely due to the Foreign Investment Risk Review Modernization Act of 2018, which greatly overhauled CFIUS's responsibilities, including introducing certain mandatory filings for certain foreign transactions (see 1910310053).
Commerce secretary nominee Gina Raimondo was asked several times in written questions from senators after her hearing about how she would balance the need to prevent cutting edge technologies from being shared with adversaries but also allow U.S. semiconductor manufacturers to compete with foreign companies that don't have the same restrictions on selling chips.
A Chinese consumer electronics company asked a federal U.S. court to block the Treasury and Defense departments from imposing restrictions on the company after it said it was falsely labeled as having ties to the Chinese military. In a Jan. 29 lawsuit, Beijing-based Xiaomi Corp. said its designation as a Chinese military company by both agencies had no “factual basis,” adding that it could face “irreparable harm” from the designation.
Electronics industry association SEMI called for industry input on a review of Trump administration export control policies, in a Jan. 25 letter to secretary of commerce nominee Gina Raimondo. The trade group said the prior administration made drastic changes to export control regulations without allowing enough industry input, and said the new administration should formally hear industry concerns.
Gina Raimondo, President Joe Biden’s nominee for commerce secretary, declined to say whether she plans to keep Huawei and other Chinese technology companies on the Entity List but made clear that Commerce will aggressively tackle illegal Chinese trade practices and human rights abuses. Speaking before the Senate Commerce Committee Jan. 26, Raimondo told lawmakers that the agency won’t make decisions on Chinese trade restrictions until completing a sweeping review of the measures and assessing their impact on U.S. national security (see 2101250049). “The President has been clear that we need to step back and review broadly our trade policies as it relates to China,” Raimondo said.
The Defense Department on Jan. 14 released another list of Chinese companies with ties to the country’s military. The latest tranche includes nine companies, including businesses operating in the semiconductor, technology and aviation sectors. The companies will be subject to certain investment bans under an executive order President Donald Trump issued in November (see 2011130026). The latest list follows the release of several similar lists last year (see 2008300001, 2006250024 and 2012040008).