Trade

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].

Just as the annual Cherry Blossom festival wraps up, international trade has flowered as a top concern for SEMI members, requiring immediate action as 20 SEMI member executives carried the torch for the industry in recent meetings with lawmakers at the annual SEMI Washington Forum. The business leaders quickly zeroed in on the proposed Sec. 301 tariffs of 25 percent on China imports to the U.S. and their potential to drive sharp increases in the cost of doing business. In the meetings at the two-day event in Washington, D.C., the executives expressed deep concern that the tariffs, aimed at protecting the interests of U.S. companies, would instead harm the intended beneficiaries including SEMI members around the globe. The executives also focused on the proposed 232 tariffs on steel and aluminum that would compound the damage to their businesses, spiking costs of materials that lie at the heart of their manufacturing operations. Also crucial to their business interests, the SEMI members educated lawmakers on the talent shortage and the intense competition to fill open positions across the supply chain. With fully 77 percent of industry executives seeing talent shortfalls as a pressing business issue, the business leaders pushed for legislation that would bring more domestic talent into the STEM education pipeline – such as S. 1518, The CHANCE in Tech Act to support more apprenticeships in technology, and H.R. 4023, the Developing Tomorrow’s Engineering and Technical Workforce Act to get more students involved in engineering. The group also encouraged support of the “Immigration Innovation” or “I-Squared” bill to strengthen and expand the H1-B visa program and STEM Greencards. The SEMI Washington Forum, a venue for SEMI members to educate lawmakers about the industry, also addressed concerns over restrictions on foreign investment in the U.S. Passage of S. 2098, the Foreign Investment Risk Review Modernization Act (FIRRMA), would usher in new operating efficiencies for the Committee for Foreign Investment in the United States (CFIUS) by adding much-needed resources to the overburdened body. However, the bill would also subject many ordinary business transactions to a lengthy and costly national security review that would hamper the ability of many companies to do business in the global marketplace. All told, attendees at the forum held more than 30 meetings with lawmakers, reflecting the great impact of public policy on SEMI members companies. In a time when the stakes for the industry have risen to new levels, direct engagement with lawmakers in the nation’s capital by SEMI and its members is critical. The SEMI Washington Forum is a terrific way for members to more clearly understand the impact of key pieces of legislation and gain firsthand experience in influencing policy and helping lawmakers better understand the industry. If you are interested in learning more about the SEMI Washington Forum or SEMI’s public policy program, please contact Jamie Girard by email at [email protected].

SEMI and 106 other associations today joined forces to express deep concern to congressional leaders about the Trump Administration’s decision to use tariffs to address China’s unfair trade practices. In a letter from the collective to House Ways and Means Committee Chairman Kevin Brady and Ranking Member Richard Neal ahead of today’s hearing on "Effects of Tariff Increases on the U.S. Economy and Jobs," we expressed our strong support to better protect valuable intellectual property, the crown jewel of our industry.However, we worry that these tariffs will hurt companies in the semiconductor supply chain, introduce significant uncertainty, impose greater costs, open companies to retaliatory tariffs, and ultimately do nothing to address our concerns regarding China’s trade practices. We strongly encourage Congress to work together and with the Trump administration to jointly develop and execute a plan that will address the longstanding problems with China. As part of the SEMI Washington Forum (April 17-18), SEMI staff and senior executives from across the industry will raise this and other issues with policymakers in Washington, DC. SEMI will continue to engage as trade tensions continue.