International Trade

On June 8, the White House released its report directed under the February 24 Executive Order 14017 to secure America’s supply chains. Among those critical products, the Department of Commerce conducted the review of semiconductor manufacturing and advanced packaging.

As the Biden administration begins to advance its policy goals through U.S. government agencies, SEMI is eager to work with these new officials and appointees to advance innovation and strengthen U.S. leadership in the microelectronics industry. SEMI President and CEO Ajit Manocha today sent a letter to Commerce Secretary-Designate Gina Raimondo advocating for strengthening American manufacturing, investing in research and development and pursuing multilateral rather than unilateral U.S. export controls. SEMI also “requests Commerce perform a comprehensive review of recent policies and formally seek industry input via publication of a Notice of Inquiry (NOI), giving industry its first formal opportunity to provide its views on these significant regulations.” The letter discusses the importance of how export controls are implemented, advocating that “multilateral controls – where items of concern are controlled by all major producing nations – create a level playing field, maximize effectiveness, and minimize harm to U.S. national security and economic competitiveness. Unilateral U.S. controls over items for which there are comparable non-U.S.-origin items are generally ineffective in supporting national security goals and are likely to erode any technological advantages enjoyed by U.S.-origin items.” Foreign availability of semiconductor manufacturing equipment, materials and design software is an important consideration for U.S. export control policy related to those items. In an appendix to the letter, SEMI provided charts detailing the foreign availability of major types of semiconductor manufacturing equipment and materials. For nearly all items, there are competitive alternatives to U.S.-origin items available from non-U.S. sources. With many semiconductor technologies concentrated in a handful of key exporting nations, the letter encourages a unified approach via a plurilateral export control regime instead of unilateral U.S. controls for these technologies. SEMI provided a framework of issues that need to be considered and properly addressed in negotiating a plurilateral agreement related to semiconductor industry export controls. The previous administration created several unilateral controls that were implemented with little or no opportunity for public or industry comment and which created several unintended consequences. In addition to the request to publish an NOI, the letter asks Commerce to correct unintended controls related to the August 2020 expansion of EAR General Prohibition Three and reduce the backlog of license and classification requests. SEMI is pleased to work with the U.S. Department of Commerce and other policymakers by providing industry data, trends and perspectives to ensure export controls effectively serve national security interests without undue harm to technological development and leadership in this dynamic, globally competitive industry. Kimberly Ekmark is director of Public Policy and Advocacy at SEMI.

For the past several months, U.S. Department of Commerce officials have been developing proposals to amend the foreign direct product rule to require a license for the use of U.S.-origin semiconductor manufacturing equipment or technology in producing semiconductor devices for Huawei and its affiliates. Commerce has also advanced proposals to amend the de minimis rule to expand license requirements for shipments to Huawei and its affiliates of semiconductors produced outside the U.S. and incorporating minimal amounts of non-sensitive U.S. content.The expansion of both rules is among the many Huawei-related actions the administration is pursuing that include a government procurement ban, replacing Huawei equipment in rural U.S. networks, and prohibiting imports of technology and services from unspecified foreign adversary nations. The de minimis proposal was under final interagency review, and the direct product rule next in line for further action, when on February 18 President Trump issued a tweet saying that “The United States cannot, will not, become such a difficult place to deal with in terms of foreign countries buying our product, including for the always used National Security excuse, that our companies will be forced to leave in order to remain competitive.”Speaking to reporters later that day, the president, referring to chipmakers and Huawei, said “I think people were getting carried away with it… Things are put on my desk that have nothing to do with national security.”This week, SEMI President and CEO Ajit Manocha sent President Trump a thank-you letter for his comments and warned that the proposals could severely impact the U.S. and global semiconductor and electronics industries, create confusion and uncertainty in manufacturing supply chains, reduce investment in new capacity, and lead to the design-out of U.S. technology and U.S. components. SEMI also stressed that unilateral controls on U.S.-origin semiconductor devices, equipment, materials and technology could significantly and disproportionately harm U.S. companies, serve as a disincentive for further investments and innovation in the U.S., and impact non-U.S. companies as well. SEMI continues to work with policymakers to build awareness of the damaging and far-reaching effects of these proposals. The 2020 sales forecast for the global semiconductor manufacturing equipment market, excluding the U.S. (since the proposals only directly affect non-U.S. fabs), is approximately $53 billion. With U.S. producers accounting for roughly 40 percent market share, over $21 billion in U.S. equipment sales to non-U.S. fabs could be affected. Non-U.S. companies whose equipment incorporates U.S.-origin components and technology could also be impacted, and every fab worldwide using U.S.-origin manufacturing equipment or technology to produce items destined for Huawei would need to stop their use immediately and file for a license and/or remove U.S.-origin equipment and technology from production lines used for Huawei and its affiliates. The president’s remarks, along with the resignation of two key officials supporting the proposals, have created uncertainty around the next steps. SEMI is holding regular conference calls to keep members up to date and developing strong messages for members to use in their communications with government officials. SEMI Advocacy in Washington remains actively engaged with executive and congressional officials to ensure that U.S. export controls are narrowly tailored to specific national security concerns and applied at the multilateral level with major trading partners.Joe Pasetti is Vice President of Global Public Policy and Advocacy at SEMI.

The White House and House Speaker Nancy Pelosi announced that the United States has reached final terms on the U.S.-Mexico-Canada free trade agreement (USMCA). The USMCA provides important modifications and updates to the 25-year old North American Free Trade Agreement (NAFTA), and SEMI supports its timely ratification in the U.S. Congress. The USMCA includes significant provisions to protect continued innovation and North American market access across product design and manufacturing supply chains for the electronics industry. The agreement strengthens requirements for the protection and enforcement of intellectual property rights, including trade secrets. The U.S. microelectronics industry will benefit greatly from USMCA’s strong enforcement mechanism for the misappropriation of trade secrets including civil procedures and remedies, criminal penalties, and judicial procedures to prevent disclosure of trade secrets in litigation.The agreement also establishes new rules to enhance and protect digital trade to benefit companies of all sizes and consumers. The USMCA prohibits tariffs, taxes and other barriers to cross-border data flows and minimizes restrictions on where data can be stored and processed. These provisions establish important precedents for data and digital technology in future trade agreements. The USMCA aligns with SEMI’s core principles including open global markets, fair competition and the protection of intellectual property rights. Mexico and Canada are two of the United States’ most important trading partners, and strengthening the three countries’ mutual obligations under USMCA will greatly benefit SEMI members. SEMI welcomes final passage of the USMCA and the critical certainty it will bring to trade rules within North America going forward.Joe Pasetti is Vice President, Global Public Policy Advocacy, at SEMI.

Global and regional forces shaping the $2 trillion electronics industry have intensified more in the past few years than at any other time I can recall. The uncertainty bred by trade wars, corporate tax changes, new environmental regulations, immigration issues and STEM talent shortages is vexing the global microelectronics supply chain as companies shift investments and operational strategies to adjust to the unrelenting change and new realities with heightened urgency.In our industry, an increasingly dynamic world requires a more determined and strategic approach to advocacy. To meet the industry’s rapidly evolving needs, SEMI is transforming its global advocacy initiatives and programs. In the past 18 months, we have honed the focus of SEMI Global Advocacy to better serve member interests and needs, respond more quickly to fast-moving geopolitical developments, and deliver more value to help spur growth across the end-to-end electronics supply chain.Most importantly, SEMI Global Advocacy is now much more forward-looking and proactive. We have expanded our focus from primarily U.S. and independent regional issues to global affairs, allowing us to better leverage the power of our worldwide platforms. Organizationally, SEMI continues to add specialized staff advocates and calibrate its operational and member-driven engagement models to increase their involvement. There will be more to come, and with your continued support, we’ll be in a stronger position to meet your needs. Thank you!Strengthening the industry’s voiceThe rapid shift to a more proactive advocacy approach across all our initiatives was triggered by one disruptive action a little more than a year ago – the buildup and onset of the trade war between the United States and China. From the outset, SEMI formed strong member coalitions to intensify our lobbying efforts, met frequently with policymakers, submitted written comments to government panels, and issued public communications, all aimed at amplifying our collective voice. SEMI has taken a principled approach to advocacy, publicly stating its positions based on its trade pillars of free and fair trade/open markets, supply chain growth, respect for IP and national security.That approach was on full display as Japan tightened controls on exports to the Republic of Korea, sending shockwaves through the microelectronics industry. To minimize the industry impact, we leveraged our global reach and the counsel of our International Board of Directors to engage with both governments early on and ensure that Japan took into account our members’ interests in developing and implementing the new rules. In general, SEMI opposes the use of tariffs and limiting market access as levers to correct trade imbalances and other structural issues. Instead, we support dialogue and negotiations that lead to multilateral agreements aligned with our members’ interests and global trade principles.This year in the U.S. alone, SEMI advocates have met with more than 70 policymakers in Washington, D.C., including members of Congress and representatives from the White House, federal agencies and the Trade Representative’s office. We have also spoken with representatives from European and Asian government delegations. Since the trade war erupted, we have met with more than 220 policymakers worldwide, giving SEMI a seat at the table – a louder voice for our members – as we are increasingly seen as the voice of the end-to-end electronics manufacturing and design supply chain. SEMI Global Advocacy has also broadened its focus beyond public policy to address other areas of strategic importance to the industry such as the talent shortage.Expanding Advocacy’s global influenceSEMI’s public policy efforts now reach well beyond Washington, D.C. to all seven major manufacturing centers worldwide where we have regional offices, with SEMI advocacy staff in every location. This has created a network multiplier effect that allows us to rally our collective strength around common member interests. It’s no coincidence that our member-driven advocacy initiatives and programs have improved in parallel with expanded global participation by our member companies on our various policy and advocacy committees.Our Trade Advisory Committee, for example, has grown from 16 to 60 active members in the past year alone. This year, we have also formed working groups with SEMI members around the world to address talent pipeline challenges. The upshot is that we are now much more focused in attacking regional issues. Thank you once again.Despite changes in the strategic approach of SEMI Global Advocacy, we remain squarely focused on critical issues affecting industry growth and our members’ interests. In a nutshell, we call these the four T's: Tax – We strive to encourage rates that are fair to all companies, leveling the playing field globally Technology – We seek government investment in technology and innovation (R D) Trade – We advocate for open markets, free and fair trade as we promote our 10 Principles for the Global Semiconductor Supply Chain in Modern Trade Agreements worldwide Talent – We support education investments and immigration policies that provide opportunities and build the talent pipeline In addition, SEMI has long been a leading voice in promoting Environment, Health and Safety regulations that enable industry growth and demonstrate environmental stewardship – and we continue to make investments at this critical juncture as new technologies are driving changes in the regulatory landscape.Maintaining laser focus on member priorities amid shifting geopoliticsThe only way for SEMI Global Advocacy to navigate the cauldron of geopolitical disruption is to remain laser-focused on our members’ top priorities including trade, tax, technology and talent. And we will stick to what SEMI has done best for almost 50 years – facilitate public-private collaborations and more investment on behalf of our members.In workforce development, SEMI is taking bold steps to develop a robust talent pipeline, as much a growth and innovation driver for SEMI members and the industry as any technology. Announced earlier this year, SEMI Works™, our landmark talent development initiative, is already gaining steam with U.S. government investment and our rapid progress in laying its foundation with a database of standardized competencies for technical jobs as well as a certification and credentialing process for curriculum, education and training programs.The future for SEMI members and the industry is brimming with possibility. The strides SEMI Global Advocacy has made over the past year have only been possible through your support and involvement. As we broaden our scope beyond policy, we recognize that more progress needs to be made. We look forward to your continued participation as, together, we help our industry fulfill its great potential.Mike Russo is Vice President of Global Industry Advocacy at SEMI.

Like all other SEMICON expositions, SEMICON West last month gathered thousands of people to make business connections and learn about the industry and its opportunities. But the events are also great venues for SEMI’s Global Industry Advocacy team to meet with industry leaders from around the world as well as regional SEMI presidents to discuss policy issues we face in each region and best practices for how to address them. The time was also ripe for us to meet with various advisory groups and advocacy committees to examine current issues.Top on our list at SEMICON West was a discussion with SEMI’s International Board of Directors about the then newly announced actions by Japan’s Ministry of Economy, Trade and Industry (METI) to tighten export controls in trade with Korea. SEMI depends heavily on and is grateful for insights from its International Board, Board of Industry Leaders and various Regional Advisory Boards. They are crucial to our ability to develop and execute industry advocacy strategies that take into account regional idiosyncrasies, geopolitical sensitivities and global supply chain complexities. SEMI is unique in its ability to bring a global perspective to engaging governments around the world in real time. In the case of the trade dispute between Japan and South Korea, we engaged SEMI members in Japan and Korea as we developed our strategy.On the SEMI America’s front, the North American Advisory Board and its Public Policy Committee met at SEMICON West for a spirited discussion on how to best manage our lobbying activities and how regional and U.S. companies should be involved. The committee’s perspectives and guidance will be invaluable as we chart a path forward in these challenging times in global trade.Our Global Industry Advocacy team also continues to build out SEMI Works, SEMI’s comprehensive initiative to develop a talent pipeline and overcome the industry’s longstanding shortage of skilled workers. SEMI Works focuses on stimulating greater interest in STEM careers, aligning STEM course curriculum and industry needs, and connecting students with relevant courses and careers. We are in the process of launching three regional pilot programs that will enable us to develop the SEMI Works business model that we’ll use to scale the program and ensure the initiative is robust and sustainable. At SEMICON West the Global Advocacy team convened regional stakeholders involved in these pilots to share information on opportunities and challenges and to discuss various implementation strategies.At SEMICON West we also facilitated meetings with U.S. government representatives aimed at improving cybersecurity in manufacturing and developing a commercial security model that will strengthen security throughout the supply chain in areas vital to industry growth such as traceability.After nearly 50 years, SEMI still excels in enabling the industry collaborations key to growth and innovation. Collaboration is also a driving force within SEMI Global Industry Advocacy as we continue to work with SEMI members, our various boards and governments around the world to advance the interests of the semiconductor industry.Mike Russo is vice president of Global Industry Advocacy at SEMI.

In testimony today before a U.S. government interagency panel considering tariffs on $300 billion worth of Chinese goods, SEMI called for the removal of about 30 tariff lines, which cover items central to the semiconductor manufacturing process.Mike Russo, vice president of global industry 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 not only companies operating in the U.S., but other companies as well in the semiconductor supply chain by increasing costs, introducing uncertainty, and most problematically, stifling innovation. Collectively, SEMI estimates that this round of tariffs will cost its 430 U.S. members millions annually in additional duties. All told, SEMI estimates that all U.S. and Chinese retaliatory tariffs will cost members nearly $800 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 firms for simply operating in China. Given that tools, materials, and related products are extremely complex, precise, and difficult to manufacture, it is unreasonable to believe that a constituent component can simply be replaced with a part or tool 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.Over the past year, SEMI has submitted written comments and offered testimony on the three previous rounds of tariffs, which covered about $250 billion worth of Chinese goods, or about half of all imports from China. The tariffs hit various components in the electronics manufacturing supply chain critical to the semiconductor industry, including materials and equipment used to manufacture wafers, boules, and chips as well as test, inspection and sensing equipment. We urge SEMI members to review the $300 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, Global Public Policy Manager at SEMI, at [email protected].

There is a glimmer of light at the end of the tunnel. But most electronic industry time series will likely struggle at least though autumn.

Testifying before a U.S. interagency panel weighing trade tariffs against China, Jonathan Davis, global vice president of industry advocacy at SEMI, yesterday called for the removal of more than 100 products from the list of tariffs proposed by the Trump administration, stressing that an escalation of the U.S.-Sino dispute could trigger a full-blown trade war and hasten deep, unintended damage including higher consumer prices, an expanded U.S. trade deficit, and a slowdown in U.S. economic growth.Representing the electronics manufacturing supply chain, Davis threw the industry’s weight behind protections for valuable intellectual property but argued that “if implemented as proposed, these tariffs will potentially cost tens of millions annually in additional taxes and lost revenue owing to reduced exports, threaten thousands of high-paying U.S. jobs, and not solve U.S. concerns with China.” Davis said the undue harm will ultimately undercut the ability of U.S. chipmakers to sell overseas, stifling innovation and curbing U.S. technological leadership.In testimony at the hearing before the government panel that included representatives from the U.S. Trade Representative (USTR), Departments of Treasury, Commerce, State and Defense, and the Council of Economic Advisers, Davis explained that more than 100 lines – products defined for the purpose of setting import duties – of the proposed tariffs would hamstring the semiconductor supply chain. The tariff lines include fundamental components of the semiconductor manufacturing process that are oxygen for the chip industry. As part of his testimony, Davis also submitted comments on the impact of the tariffs.Charles Gray, general counsel at Teradyne, who also testified at the hearing, said the tariffs will threaten growth while penalizing U.S. companies with supply chains that touch China. Gray and Davis were among more than 100 industry leaders who provided more than 3,000 comments in the May 15-17 hearing to evaluate the impact and efficacy of the proposed tariffs.The hearing followed the Trump administration’s heated, longstanding criticism of China for what it considers unfair trade practices, focusing specifically on intellectual property violations. In recent months, the administration has begun implementing trade actions against China that will increase tariffs, restrict cross-border investment, and introduce significant uncertainty for U.S. businesses.The Section 301 investigation that determined China’s forced transfer of technology and intellectual property discriminated against U.S. firms prompted a proposed 25 percent tariff on $50 billion in U.S. imports from China – a punitive measure that would squarely hit the semiconductor manufacturing industry.SEMI continues to educate policymakers on the deep damage tariffs would exact on the long-term health of the semiconductor industry and the critical importance of balanced trade to the future of the semiconductor industry.For more information on trade or how to participate in SEMI’s public policy program, please contact Jay Chittooran, SEMI public policy manager, at [email protected].