China

Meeting Attended by More than 100 Tech Company RepresentativesOver the past decade, China has become a central market for the semiconductor industry. China is now home to more than 30 percent of semiconductor end users worldwide. All semiconductor companies, regardless of size, operate in China. The rise of China’s semiconductor market has been enabled by global commerce and a vast network of supply chains that span the globe.With China now a prominent player in the industry, it has become critically important for semiconductor companies to effectively engage with China. In order to help our member companies better understand the challenges and opportunities and navigate what can be a complex landscape, SEMI hosts annual trade compliance conferences in China for trade professionals. This year, SEMI, with CompTIA and U.S. Information Technology Office (USITO), hosted two global trade seminars in China, one in Shanghai on October 30th and the other in Beijing on November 1st.Over 120 representatives from more than two dozen technology companies attended the 2018 trade compliance seminars. Over the course of the two sessions, speakers from government, business, and law firms highlighted the most pressing trade issues in China. Speakers included thought leaders, trade practitioners and senior Chinese government officials.Sessions included a deep dive on China’s draft customs reform law, a panel discussion on U.S. export controls, and a briefing on how best to engage with China Customs and how China’s products are classified. Another well-received session focused on the status of China’s export control law, which has been in the drafting process for years.However, the overarching question for many attendees was U.S.-China economic relations, which are undergoing a sea change, with the U.S. having imposed or threatened tariffs on all imports from China – totaling more than $500 billion in goods – over the past six months. As a speaker noted during a session on the U.S.-China tensions and the surrounding broader geopolitical impacts, the environment is becoming increasingly complex and volatile. In fact, on the morning of the first session, Fujian Jinhua Integrated Circuit was added to the U.S. Commerce Department’s entity list, which effectively restricts exports to the company.As a result of the trade actions, ranging from tariffs to enhanced export controls, U.S. semiconductor companies are beginning to increase prices, reduce research and development (R D) budgets, restructure supply chains and take other mitigation actions that will ultimately slow innovation. Certain export controls and other regulations that prohibit U.S.-companies from conducting business with targeted companies will put the U.S. at a competitive disadvantage.In fact and as we speak, some companies with China-based operations have cancelled orders from U.S. companies and shifted to suppliers that are not subject to U.S. actions to reduce the associated risks of supply interruption and cost increases. Ultimately, U.S. trade policy could backfire, threatening jobs, curbing growth, cutting U.S. R D investments and compromising the competitiveness of U.S. firms.SEMI will begin planning next year’s Global Trade Seminar in the coming months. If you would like to be involved in the planning, or would simply like more information about the seminar, please contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

Last week, the Office of the U.S. Trade Representative (USTR), on instruction from President Trump, notified Congress that the administration intends to begin bilateral trade negotiations with Japan, the European Union (EU), and the United Kingdom.SEMI stands strong for free trade and open markets, and roundly supports efforts to increase market access and tap into more foreign economies, especially economies like Japan and the EU, both of which are central to the semiconductor industry. The semiconductor industry, which enables the $2 trillion electronics market, is built on global commerce. SEMI members rely on a vast network of supply chains that span the globe, bringing together components and tools made all around the world and assembled into a single sub-system that is then integrated into a larger tool used in the chipmaking process.These free trade agreements will reduce tariffs, which will result in cost savings and productivity gains, and allow SEMI members to expand and grow. But the benefits of modern free trade agreements extend well beyond tariff reduction. Indeed, these trade deals will establish and enhance global trade rules that enable companies to innovate and compete fairly on a level playing field. Trade agreements strengthen certainty and further business continuity.While the exact nature and negotiation timelines for the talks remain unclear, SEMI will engage the administration, urging it to maintain high standards in these agreements, such as: Maintain strong respect for intellectual property and trade secrets through robust safeguards and significant penalties for violators Remove tariffs and non-tariff barriers on semiconductor products as well as products that depend on semiconductors Simplify and harmonize the customs and trade facilitation processes Combat any attempts of forced technology transfer Prevent use of data localization measures and enable the free flow of cross-border data flows End discriminatory and/or burdensome regulatory practices Ensure standards in all forms are market-oriented Create rules for state-owned enterprises to ensure fair and non-discriminatory treatment of all companies According to Trade Promotion Authority (TPA), the U.S. law that guides trade votes in Congress, negotiations with each country can only begin 90 days after last week’s notification. During that period, there will be intensive consultation with Congress and stakeholders. This means, at the earliest, talks can start on January 14, 2019. (Bear in mind that discussions with the UK can only begin in earnest once the UK has formally left the European Union on March 29, 2019.)The Trump administration’s announcement comes after the U.S. imposed or threatened tariffs on imports on all trading partners, including the EU and China. All told, the U.S. has imposed tariffs on more than $300 billion worth of goods. SEMI has weighed in on the detrimental nature of tariffs, arguing that tariffs on China will ultimately do nothing to address the concerns with China’s trade practices. This sledgehammer approach will introduce significant uncertainty, impose greater costs, and potentially lead to a trade war, ultimately undercutting the ability of semiconductor companies to sell overseas, stifling innovation and curbing U.S. technological leadership.Elsewhere, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the multilateral trade deal that links 11 Asia-Pacific economies, is well on its way to taking force. Canada will be taking its final steps to ratify the deal, joining Mexico, Japan and Singapore. The deal, formerly known as the Trans-Pacific Partnership, should take effect by the first half of 2019.SEMI will continue tracking ongoing trade developments. Any SEMI members with questions should contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

Tensions between the U.S. and China have reached fever pitch as the Trump administration imposed higher tariffs on $200 billion of Chinese goods last Monday, adding to the $50 billion in goods hit with higher duties earlier this year. Bloomberg News reported that “the combined $250 billion in products facing levies is almost half the value of imports from China last year.”China countered by meting out stiffer tariffs on $60 billion in U.S. goods, on top of the $50 billion already levied, and canceling planned trade negotiations with the Trump administration.Days before the sharp escalation of the trade conflict, SEMI president and CEO Ajit Manocha joined SEMI China president Lung Chu in hosting a closed-door round table with 16 senior semiconductor industry executives in Shanghai. The goal: An update from the China semiconductor sector on its needs as the chip industry braces to weather the conflict. Manocha and Chu then met with influential China media outlets including Semiconductor Manufacturing, China Integrated Circuit, Silicon Semiconductor and IC Café to reiterate SEMI’s position on trade.“The basic principles of SEMI are free and fair trade, open markets, cooperation for mutual benefit, and protection of intellectual property rights,” Manocha told the reporters. “Tariffs and trade frictions are bound to harm the industry’s development.”Manocha highlighted efforts over the past few months by the SEMI advocacy team to educate U.S. policymakers on the impact of tariffs on the development of the semiconductor industry. Last month, the office of the U.S. Trade Representative (USTR) held a hearing in Washington, D.C. to solicit public comment on then-proposed tariffs on $200 billion of Chinese imports to the U.S. Testifying on behalf of the semiconductor industry, SEMI stressed that tariffs on more than 100 tariff lines covering items critical to semiconductor manufacturing “will harm companies in the semiconductor supply chain by increasing business costs, introducing uncertainty, and stifling innovation.” SEMI had testified twice before this year – the first time in May, opposing levies on $34 billion in Chinese goods, and the second in July to speak out against higher duties on $16 billion worth of Chinese products.SEMI China president Lung Chu made clear the consensus of China’s semiconductor sector: The trade war will profoundly impact the global semiconductor industry. He also stressed that SEMI, as a global industry organization linking the global electronic semiconductor industry chain, will continue to promote win-win cooperation between the U.S. and China.Manocha reaffirmed SEMI’s longstanding commitment to promote cooperation among nations and policies that foster industry growth.“For the growth of the semiconductor industry, SEMI is focused on four important factors, and we call them the 4 T’s, namely Tax, Technology, Talent, Trade,” Manocha told the media. “All are indispensable for the development of the industry.” SEMI president and CEO Ajit Manocha and SEMI China president Lung Chu host press conference in Shanghai.Because the semiconductor industry is international, with key features spread across a number of regions, cross-border cooperation is an eternal theme, Chu told the gathering. To maintain the vitality of China's semiconductor industry, the region must deepen its integration with the international semiconductor ecosphere. He acknowledged that there will be no quick answers to easing trade tensions between the U.S. and China but that SEMI would continue to press ahead in efforts to help improve relations. Despite the conflict, the industry remains optimistic about the growth of China’s semiconductor industry, he said."However, we need to face up to the fact that there is still a certain gap between the domestic semiconductor industry and that of international advanced level,” Lu said. “Therefore, international cooperation is the key to industry growth."Of the four cornerstones of the semiconductor industry – design, manufacturing, testing and equipment materials – China in recent years has narrowed the gap with its international counterparts in testing capabilities, Chu said. For China’s semiconductor industry to flower, the region must build strengths in design, manufacturing and materials too.“The semiconductor industry needs long-term investment, persistence and patience, and also needs win-win cooperation, continuous innovation and product applications across the entire industry,” Chu said. “Money is not the only incentive.”Manocha emphasized the theme of international cooperation, with the global semiconductor industry working in harmony.“The global semiconductor industry chain is inseparable, and each region has its own advantages,” Manocha said. “So, we will continue to work hard to create a win-win, inclusive global industrial atmosphere.”For its part, SEMI China is focused on becoming the best partner for China to realize its semiconductor dream by continuing to provide services that encourage international cooperation. That role will grow in importance with SEMI’s expansion into application areas such as smart manufacturing, smart transportation, smart data and smart automotive – all requiring tighter integration of the electronics industry supply chain.Cherry Sun is a marketing manager at SEMI China.

U.S. Government Imposes Tariffs on $200 Billion of Goods and China Retaliates on $60 Billion of GoodsEarlier this week, the U.S. Trade Representative (USTR) released a 10 percent tariff on $200 billion in imports from China, including more than 90 tariff lines central to the semiconductor industry.The 10 percent tariff will take effect on September 24, 2018, and rise to 25 percent on January 1. These tariff lines will cost SEMI’s 400 U.S. members tens of millions of dollars annually in additional duties. However, counting the products included in the previous rounds of tariffs, the total estimated impact exceeds $700 million annually. China has already announced that it will respond with tariffs on $60 billion worth of U.S. goods. In his notice, President Trump said the U.S. will impose tariffs on $267 billion worth of goods if China retaliates. The U.S. government removed 279 total tariff lines, including three lines that impact our industry: silicon carbide, tungsten, and network hubs used in the manufacturing process.As we’ve noted, intellectual property is critical to the semiconductor industry, and SEMI strongly supports efforts to better protect valuable IP. However, we believe that these tariffs will ultimately do nothing to address the concerns with China’s trade practices. This sledgehammer approach will introduce significant uncertainty, impose greater costs, and potentially lead to a trade war. This undue harm will ultimately undercut our companies’ ability to sell overseas, which will only stifle innovation and curb U.S. technological leadership.Product Exclusion Process – List 2USTR formally published the details for the product exclusion process for products subject to the List 2 China 301 tariffs (the $16 billion tariff list). If your company’s products are subject to tariffs, you can request an exclusion.In evaluating product exclusion requests, the USTR will consider whether a product is available from a source outside of China, whether the additional duties would cause severe economic harm to the requestor or other U.S. interests, and whether the product is strategically important or related to Chinese industrial programs (such as “Made in China 2025”).The request period ends on December 18, 2018, and approved exclusions will be effective for one year, applying retroactively to August 23, 2018. Because exclusions will be made on a product basis, a particular exclusion will apply to all imports of the product, regardless of whether the importer filed a request.More information, including the process for submitting the product exclusion request and details what information should be included in your submission can be found here. Please let me know if your company plans on filing an exclusion. SEMI has prepared a document that includes guidelines for your exclusion filing, an explainer on how to submit, and links to official government info. SEMI is glad to assist your companies file exclusion requests for your products. SEMI will continue tracking ongoing trade developments. Any SEMI members with questions should contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

In testimony today before a U.S. government interagency panel considering tariffs on $200 billion worth of Chinese goods, SEMI called for the removal of nearly 100 tariff lines, all of which cover items critical to the semiconductor manufacturing process, including materials and machines.Jonathan Davis, global vice president of advocacy at SEMI, explained in his testimony that while SEMI strongly supports efforts to better protect valuable intellectual property (IP), tariffs will not help address Chinese trade practices, and will ultimately have significant and unintended consequences. SEMI asserts that these tariffs will harm companies in the semiconductor supply chain by increasing business costs, introducing uncertainty, and stifling innovation. Collectively, SEMI estimates that this round of tariffs will cost its 400 U.S. members more than tens of millions annually in additional duties. All told, SEMI estimates that all U.S. and Chinese retaliatory tariffs will cost members nearly $700 million in annual duties. SEMI’s full written comments note that these tariffs, on top of those already in force and the retaliatory tariffs, will hamstring the industry. The tariffs seem to target U.S. firms for simply operating in China. Given that tools and materials are extremely complex, precise, and difficult to manufacture, it is unreasonable to believe that a constituent component can simply be replaced with a part from another source. Further, this U.S. government approach does not take into account that many items subject to these tariffs are not available, at sufficient quality and cost, from domestic sources, or even non-Chinese sources. We stand steadfast in our belief that this trade action will raise prices, put thousands of high-paying and high skill jobs at risk, and curb growth.Over the past four months, SEMI submitted written comments and offered testimony on the two previous rounds of tariffs, citing the damaging impact tariffs would have on the U.S. semiconductor industry. The first round of tariffs – on $34 billion worth of Chinese goods – took effect July 6, and the second round – targeting $16 billion in Chinese imports – will be imposed on August 23. The tariffs hit machines and tools central to the semiconductor industry, including equipment used to manufacture wafers, boules, and chips as well as test, inspection and sensing equipment. We urge SEMI members to review the $200 billion U.S. tariff list to determine the level, if any, of impact. We also strongly encourage members to review Chinese retaliatory lists as well. Any SEMI members with questions should contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

U.S.-China Trade War Heats UpThe U.S. Trade Representative (USTR) yesterday released a 25 percent tariff on $16 billion in imports from China, including 29 tariff lines that represent the heart of the semiconductor industry. These tariff lines include semiconductor products such as machines and spare parts used to make, wafers, flat panel displays, masks and chips, and will cost SEMI’s 400 U.S. members an estimated more than $500 million annually in additional duties.SEMI, along with hundreds of companies, including Lam Research and KLA-Tencor, submitted written comments, requesting the removal of tariff lines from the proposed list. SEMI also testified on behalf of the semiconductor industry, joining more than 80 other companies, including Applied Materials, in opposing the duties before an U.S. government interagency panel in late July.This trade action is on top of the already imposed $34 billion U.S. tariff list, which will cost SEMI’s U.S. members tens of millions of dollars annually. In the coming days, USTR will publish details on how U.S. companies can request the exclusion of products from the $16 billion tariff list, much as it did for the first round of $34 billion.In a swift retaliation, China announced a 25 percent tariff on $16 billion in U.S. exports, including products vital to semiconductor manufacturing such as chemicals, test equipment and other parts. Both U.S. and China tariffs will take effect on August 23.The new tariffs come as China considers tariffs on $60 billion of U.S. imports, and the U.S. weighs additional duties on $200 billion of Chinese imports – a wave that would inflict even deeper damage on the U.S. semiconductor industry. This latest round of U.S. tariffs would cover goods used in microelectronics manufacturing, including chemicals, glass products and spare parts. SEMI will testify against the $200 billion tariff list later this month. If your company expects to be impacted by the proposed tariffs on $200 billion worth of goods, please contact SEMI staff.SEMI stands firm in its belief that none of the tariffs address U.S. concerns over China’s trade practices. Instead, they harm companies in the semiconductor supply chain by increasing business costs, introducing uncertainty and stifling innovation. SEMI will continue to engage with policymakers as both the U.S. and China $16 billion tariff lists are implemented. We will also be evaluating the products covered by the $200 billion U.S. list and the $60 billion Chinese list as both are further considered. We encourage members to review these lists to determine impact on their companies. For more information, please contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

Two months after opposing $34 billion in U.S. trade tariffs on behalf of the U.S. semiconductor manufacturing industry, Jonathan Davis, global vice president of industry advocacy at SEMI, this week spoke out against an additional $16 billion in duties on Chinese goods. Testifying before the same U.S. interagency panel mulling the tariffs, Davis called for the removal of 29 tariff lines covering items critical to semiconductor manufacturing including machines and spare parts used to make, wafers, flat panel displays and masks.In his testimony to the panel, Davis stressed that while SEMI supports stronger protections against the theft of valuable intellectual property (IP), tariffs do little to address U.S. concerns over IP loss. Over the past month, SEMI has also submitted written comments and opposed the tariffs in public testimony. The panel includes representatives from the U.S. Trade Representative (USTR), Departments of Treasury, Commerce, State and Defense, and the Council of Economic Advisers.Also testifying, Joe Pon, corporate vice president at Applied Materials, explained that the proposed tariffs will harm small and midsized companies and other U.S. business interests. Describing the tariffs as a tax on exports of high-value U.S. goods, Pon said the duties give non-U.S. firms an unfair competitive advantage.In a parallel push to Davis’s testimony, SEMI, with more than 10 representatives from six member companies, met with 16 congressional offices this week to underscore the damage the tariffs would wreak on the U.S. semiconductor industry. The fallout would include higher operating costs, fewer exports and slower innovation. The tariffs would also curb industry growth and put thousands of high-paying, high-skill jobs at risk. SEMI pressed congressional leaders to reject the tariffs and support a push for congress to re-assert itself on trade policy.Tariffs to Cost U.S. SEMI Members More than $500 MillionSEMI estimates that the second list of proposed tariffs, covering about $16 billion in Chinese goods, will cost its 400 U.S. members more than $500 million annually in additional duties.The tariffs on $34 billion in Chinese goods, which took effect July 6, impact products such as test and inspection equipment as well as spare parts that enter the U.S. from China. That round of tariffs will cost SEMI member companies and estimated tens of millions of dollars annually. SEMI Public Policy Team Asks Members to Review Tariff ListLooking ahead, SEMI encourages members to review the newly released $200 billion tariff list, determine any impact to their businesses and share their findings with SEMI’s public policy team.The U.S. Trade Representative (USTR) has published the exclusion process for products subject to the China 301 tariffs. If your company’s products are subject to tariffs, you can request an exclusion.In evaluating product exclusion requests, the USTR will consider whether a product is available from a source outside of China, whether the additional duties would cause severe economic harm to the requestor or other U.S. interests, and whether the product is strategically important or related to Chinese industrial programs (such as “Made in China 2025”).The deadline for submitting product exclusion requests to USTR is October 9, 2018. Approved exclusions will be effective for one year upon approval and retroactive to July 6, 2018.More information including the process for submitting the product exclusion request can be found here.Any SEMI members with questions should contact Jay Chittooran, Public Policy Manager at SEMI, at [email protected].

Storage and memory chipmaker and SEMI China member Tsinghua Unigroup is gearing up to meet burgeoning product demand with huge investments in its manufacturing plants. But the high-tech enterprise under Tsinghua University is eyeing a much bigger prize – growth of the region’s semiconductor industry and the realization of its ambition to become a more prominent force on the global stage.Inspired by the national strategy, the Tsinghua Unigroup’s big spends include USD 24 billion in Wuhan (Yangtze Memory Technologies Co., Ltd.,) USD 30 billion in Chengdu, USD 30 billion in Nanjing and USD 100 billion in Chongqing, said Liu Hongyu, senior vice president of Tsinghua Unigroup, speaking at the SEMI China Equipment and Materials Committee meeting last month.Advanced packaging is another rich vein of opportunity the region is tapping for expansion, said Liu Hongjun, vice president of China Wafer Level CSP Co., Ltd., another SEMI China member attending the event, hosted by NAURA in Beijing. Hongjun sees strong growth for Fan-in, Fan-out, FCBGA, 2.5D and 3DIC, with Fan-out out front. Liang Sheng, administrative commission director at BDA, a business advisory firm supporting high-technology manufacturing in the E-Town economic development zone, pointed to 5G chips and smart, networked electric automobiles as drivers of the next growth phase of Beijing’s integrated circuit (IC) industry.Global tailwinds are lifting China’s semiconductor industry and the region’s hopes, with SEMI and major industry analysts raising their semiconductor industry growth projects for 2018 to between 9 percent and 16 percent. According to SEMI’s latest market report, global semiconductor industry manufacturing equipment revenue reached USD 17 billion in the first quarter of 2018, logging all-time highs after jumping 12 percent from the previous quarter and 30 percent year-over-year. Korea was the top-performing region at USD 6.26 billion, followed by China at USD 2.64 billion.Tighter integration with the rest of the global semiconductor industry is critical to the growth of China’s chip sector, and SEMI China is squarely focused on this assimilation, said SEMI China president Lung Chu. The spearhead of this effort is the SEMI Innovation Investment Platform (SIIP) China, established by SEMI China last year to help grow China’s pool of skilled workers, promote advanced technology, generate industry capital, and expand China’s semiconductor industry while developing stronger connections with chip sectors in other regions. To strengthen ties with other regions, SIIP China will stage a number of innovation and investment forums this year including Chinese Night at SEMICON West (July 10-12) and a SIIP China Forum in Silicon Valley (July 15). In August, representatives from the Korea chip industry will visit counterparts in China (August), and a China delegation will travel to Japan for meetings (October). SIIP China is also strengthening the region’s links with Germany and Israel as SEMI serves as a crucial bridge between China’s semiconductor sector and the global industry.At the invitation of Shanghai authorities and the Ministry of Commerce of the People’s Republic of China, SEMI China in November will join the China International Export Import Exposition in Shanghai, an event that will underscore China’s commitment to the openness and cooperation of its semiconductor industry with the international chip community. As part of the exposition, SEMI will work with the Ministry of Commerce and domestic chip manufacturers to begin development of a special integrated circuit (IC) zone. SEMI China members are welcome to participate.With workforce development no less vital to the future of China’s semiconductor industry, the Equipment Materials Committee offered potential solutions to the industry’s talent gap. Measures included targeting university students and engineers with industry lectures and courses in key cities, campus recruiting, talent training that members said they are willing to help SEMI coordinate and stage and, much like the push to better integrate China with the global semiconductor industry, mobilizing member resources around a campaign to polish the image of the industry to make it more attractive to students and young workers. Members of the SEMI China Equipment Material Committee gathered at NAURA in Beijing in June for a warm and lively discussion about global semiconductor industry cooperation and growing China’s semiconductor sector.Cherry Sun is a marketing manager at SEMI China.

Strong global semiconductor industry growth is helping power rapid expansion of China’s IC manufacturers in 2018, and continuing technology innovation is inspiring the region’s optimism over the long term, said Du Shanshan, senior analyst of SEMI China, at the recent SEMI China Member Day. The chief driving force behind this year’s growth of China’s IC industry is its equipment and materials market, with the sector riding a wave of a strengthening industrial infrastructure, a rapid increase of wafer manufacturing capacity, global leadership in new fab projects and large memory investments, Shanshan added. NAURA, a leading domestic provider of high-end IC equipment, is seeing robust growth after its push to recruit highly skilled talent and bolster its technology infrastructure, customer service system and supply chain, said Zhou Yang, vice president of Procurement at NAURA, which hosted the event. Yang said the key to NAURA’s success has been its unblinking focus on technology, product quality, fast product delivery, responsiveness to customer needs, cost controls, and environmental and social responsibility. Before visiting a NAURA factory, attendees reflected on how China’s IC manufacturers, using equipment and materials sourced domestically, seized the opportunity of global semiconductor growth to drive rapid local expansion. Excited about the growth potential of China's chip industry, members expressed their commitment to contributing to its independence and self-reliance. SEMI China Membership Grows Opening SEMI China Member Day, SEMI China president Lung Chu highlighted another expansion – SEMI China’s membership growth to nearly 400 companies, behind only the U.S. and Japan. Chu credited the increase, in part, to the steady growth of the global semiconductor industry. Chu said the increase also stems from the recognition that SEMI China is the China semiconductor industry’s best partner for fulfilling its ambition of becoming a more prominent player on the world stage. SEMI China’s member services platform that includes exhibitions and conferences, industry technical standards, industry research and analysis, a publicity apparatus and a talent development initiative provides powerful ways for the industry to Connect, Collaborate and Innovate. The platform enabled SEMICON China 2018 to set a booth and visitor record for the event, with attendees numbering 91,252, a highly successful 32 percent year-over-year growth. More than 50 SEMI member companies attended the 2018 SEMI China Member Day on June 6th in Beijing to explore opportunities for the global and Chinese semiconductor industry. Cherry Sun is a marketing manager at SEMI China.

Hope springs eternal. And it was with collective open arms that many U.S. businesses welcomed the recent talks between U.S. and Chinese officials to resolve their trade differences and downplay the specter of a full-blown trade war. Treasury Secretary Steven Mnuchin went so far to say that trade war with China was “on hold.”Hope and optimism soon fizzled. On May 29th, the White House released a statement contradicting Sec. Mnuchin, announcing that the Trump Administration would indeed move forward with a 25 percent tariff on $50 billion worth of goods imported from China. Besides focusing on goods that the U.S. has deemed are tied to “Made in China 2025” – the Chinese initiative to produce more advanced manufacturing goods domestically – the Administration also announced stiffer investment restrictions and enhanced export controls related to the acquisition of industrially significant technology. The final tariff list will be published by June 15th, and the proposed list of investment restrictions and export controls will be announced by June 30th.Tariffs and New Focus on Export ControlsAll of this comes as the White House and Capitol Hill have heated up their activity in recent months to curb commerce with China through tariffs and investment restrictions.The Section 301 investigation, a key component of this push, has zeroed in on China’s trade practices related to intellectual property violations. Following a months-long inquiry, the Office of the U.S. Trade Representative (USTR) determined in March 2018 that China’s forced transfer of technology and intellectual property has discriminated against U.S. firms. The finding prompted President Trump to respond with a number of remedial actions including a proposed 25 percent tariff on $50 billion worth of U.S. imports from China.More than 100 lines of the proposed tariff list directly impact the semiconductor supply chain, hitting fundamental components of the semiconductor manufacturing process. SEMI has fought back, strongly urging the removal of these tariff lines from the proposed tariff list. At a bare minimum, the tariffs against China will cost the U.S. tens of millions annually in additional taxes, create lost revenue as a result of reduced exports, threaten thousands of high-paying U.S. jobs, stifle innovation and curb U.S. technological leadership – all while not directly addressing U.S. concerns with China.These tariffs, plus the new focus on export controls, is particularly troubling for the semiconductor supply chain. The recent move comes on the heels of other trade actions, including tariffs on steel, aluminum, and solar cells that will not only limit trade and opportunities for U.S. economic growth, but also will introduce significant uncertainty for U.S. businesses. CFIUS Reform Moves Ahead, But Concerns RemainAt the same time, other government efforts that could encumber investment continue. Both the Senate Banking and House Financial Services Committees unanimously passed the Foreign Investment Risk Review Modernization Act (FIRRMA). The legislation aims to upgrade the Committee on Foreign Investment in the United States (CFIUS) – the interagency body that reviews inbound foreign investment for national security concerns. With such rare bipartisan agreement on a major bill, it is expected to be passed by both chambers and signed into law later this year.The current version of the bill is certainly an improvement on earlier drafts. The legislation no longer contains problematic language that would have given CFIUS the authority to review joint ventures between U.S. and foreign companies. The language would have, for the first time ever, expanded CFIUS’s jurisdiction to include outbound foreign investment. Given the semiconductor industry’s deep reliance on expansive global supply chains, this language was particularly concerning to our industry.However, broad concerns remain about how CFIUS functions. In recent months, CFIUS has been used seemingly to evaluate transactions based on economic security, rather than the Congressional intent of national security. Should this trend continued, we worry that this could curb otherwise acceptable investments, stifling innovation and limiting growth, especially in the semiconductor industry.SEMI Educates Lawmakers on Industry ImpactsWith tensions likely continue to rise and efforts to wall off commerce with China ongoing, SEMI is engaging with policymakers to educate them on how these restrictions will potentially undermine the long-term health of the semiconductor industry. SEMI will continue to meet with policymakers about the critical importance of trade and investment to the continued success of the semiconductor industry. If you are interested in more information on trade, or how to be involved in SEMI’s public policy program, please contact Jay Chittooran, Public Policy Manager, at [email protected].