Canada

On Monday, SEMI led a statement from a coalition of industry groups calling on governments worldwide to harmonize their policies to safely allow essential international travel by essential workers. Cross-border mobility in the semiconductor and microelectronics industry is vital to maintaining manufacturing critical to the production of semiconductor devices that are the foundation of our modern economy, countless economic sectors and each nation’s response to the COVID-19 pandemic. Uniform cross-border travel rules impacting essential businesses in the electronics supply chain are crucial for semiconductor business infrastructure and supply chains to maintain effective operations.To that end, SEMI is urging governments around the world to permit international travel by semiconductor supply chain engineers, technicians and executives with minimal disruption to ensure any fast-tracked procedures apply directly to the semiconductor industry and that any agreements negotiated among countries harmonize global travel procedures and processes. Global supply chains require cross-border travel by key technical personnel and business continuity decision-makers to ensure that essential industry manufacturing and business operations remain efficient, effective and uninterrupted. While the industry continues to implement safety protocols and minimize non-essential travel to stem the spread of COVID-19, highly sophisticated equipment sets and materials usage from multiple nations will at times require specialized expertise that is not present in-country.For example, technicians from a semiconductor manufacturing equipment company typically must travel to semiconductor factories in other countries to install or repair specialized tools in situations that are beyond the expertise of the local field office and too complicated to handle by video conference. Similarly, at times semiconductor-based solutions, such as cloud computing, must be implemented or optimized on-site for the equipment to achieve full capacity. After months of remote access to their overseas operations, it also is critical that executives are able to visit their facilities to evaluate and manage their ongoing operations. In the past month, several countries central to the global electronics supply chain have engaged in both formal and informal talks to ease travel restrictions on personnel from essential industries. China, for example, is negotiating fast-track travel protocols with countries throughout Asia and Europe. On May 1, China and South Korea formalized an agreement that has made significant accommodations for semiconductor industry personnel to travel between the two countries. Last week, China and Singapore reached a similar deal – planned to take effect in early June – prioritizing travel for both executives and technicians.Beyond China, several ad-hoc negotiations are underway involving countries as varied as Taiwan, Vietnam, South Korea, Thailand, Canada, Australia and New Zealand. Multilateral discussions are also afoot with the aim of setting up bubble travel zones featuring standard health and travel protocols within the country blocs. As these disparate agreements between individual countries or small blocs of countries take shape, however, they are likely to create divergent standards that may complicate efforts of global businesses to effectively service their operations and customers, even if such travel is and has been deemed essential.In March, when U.S. states and many governments around the world began implementing stay-at-home orders and closing non-essential business operations, SEMI immediately took a lead role advocating to ensure that that the entire microelectronics supply chain was deemed essential and able to continue operations. In the U.S., nearly every state followed SEMI’s recommendation to adhere to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) guidelines that included semiconductor manufacturing and its supply chain as essential, or specifically highlighted semiconductor supply chains as essential. Overseas, SEMI advocacy worked to ensure the semiconductor supply chain was deemed essential in every key jurisdiction.The mobility of essential workers is critical to essential business operations in the electronics supply chain. Just as SEMI led the effort to ensure that critical electronics supply chain operations were deemed essential as economies were closing down, SEMI will continue to advocate for uniform essential travel guidelines for critical infrastructure workers as economies reopen. Karl Kailing is manager of 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.

IntroductionStarting July 4, 2022, PFOA (Perfluorooctanoic acid) levels in semiconductor manufacturing and related equipment (SMRE), including replacement parts, entering the European Union (EU) will be restricted to 25 ppb per component (or any part thereof). Semiconductor equipment components (and the parts thereof) of particular concern include fluid tubing and fittings, pipe/seal tape, wire and cable insulation, filters, valves, tanks, panels, reaction vessels and o-rings; if they are made from fluoropolymers or fluoroelastomers.When PFOA is used as an aid to the manufacture fluoropolymers such as PTFE, PFA, PVDF or fluoroelastomers such as FKM and FFKM (collectively referred to as fluoromaterials), an unintended PFOA residue can be trapped within the fluoromaterial. Buyers of components used in SMRE are usually unaware of the processing method used for any fluoromaterials they may contain, and, as a consequence, the potential for PFOA residue. This lack of information about potential PFOA residues could result in regulatory enforcement actions and restricted market access, particularly in the EU.The impact of restrictions on fluoromaterials used in SMRE has been introduced in previous SEMI articles ‘Fluorinated Compound Restrictions May Trigger Costly Equipment Changes’ and ‘Fluorinated Substance Restrictions Triggers Costly Equipment Changes.’PFOA and its related compounds, such as the ammonium salt APFO (collectively called PFOA in this article), are recognized internationally as hazardous chemicals and are now targeted for regulatory restriction in the U.S., Taiwan, Canada and the EU. The UN Stockholm Convention on Persistent Organic Pollutants (POPs) is also considering listing PFOA, which could lead to additional international restrictions.The SEMI EHS Division PFOA Compliance Working Group has been working to understand: The likelihood of PFOA residue entering the supply chain of new components The residual level of PFOA in fluoromaterials produced prior to the phase out of PFOA by some manufacturers The impact of PFOA residue on the secondary equipment market This SEMI resource page, ‘Elimination of PFOA from the Equipment Supply Chain,’ and the supporting FAQ contain the Working Group’s key findings and conclusions.PFOA in the Fluoromaterial Supply ChainSignatories to the U.S. EPA Stewardship Program, which include FluoroCouncil members, eliminated PFOA from their manufacturing processes by 2013. However, other fluoromaterial manufactures – particularly in China, Russia and India – might still use PFOA and pose a significant risk to the worldwide supply chain.China, the world’s largest fluoromaterial producer, accounts for 53 percent of global production of PTFE and 38 percent of worldwide production of PVDF, FEP and FKM. An estimated 75 percent to 85 percent of fluoromaterials are manufactured using PFOA in China. Fully 25 percent of these fluoromaterials are exported, primarily to the U.S, Japan, EU and India. What’s more, finished goods made from or containing fluoromaterials that might be used as components in SMRE are exported from China.Documentation that traces fluoromaterials through the supply chain back to the original fluoromaterial manufacturer is key to meeting the PFOA regulatory requirements. This traceability can be straightforward in cases when an SMRE manufacturer directly specifies the use of a fluoromaterial in a custom-fabricated fluoromaterial component. However, for off-the-shelf components (e.g., cable ties, wiring insulation, tubing) or the components assembled from these components (e.g., controllers), the complexity and dynamics of the supply chain makes traceability back to the original fluoromaterial producer almost impossible.Residual PFOA Levels If, or how much, PFOA/APFO residue is contained in a fluoromaterial depends on the manufacturing process. Details of the manufacturing processes are proprietary and vary widely. Post manufacturing thermal treatments, such as sintering, extrusion, and molding, can result in the rapid thermal decomposition of APFO above 250C, but PFOA is significantly more stable. The temperature and time of thermal treatments is also proprietary and varies depending on the type of fluoromaterial and what is being made.This variability makes it impossible to estimate the likely level of trapped PFOA or APFO in a finished component or a part thereof. It is unwise to use data on the level of residue made known for one case to extrapolate the level of residue across the fluoromaterial industry. However, an industry-wide range on the order of 1ppm-10ppm (nearly 1000 times the EU limit) is suspected. Testing for the presence of PFOA/APFO at 25ppb in components is also problematic as there is no standard test method, and results among the custom methods developed in each test lab may vary.Given this uncertainty in test methods, a system of supplier declarations warrants consideration.Impact on Secondary (Used) EquipmentThe EU REACH restrictions apply to SMRE and replacement parts placed on the market at any time (not just initial placement – known as “first placing on the market”). For fluoromaterial components manufactured prior to 2013, there is a higher likelihood of residual PFOA/APFO levels exceeding the 25ppb limit of EU REACH. In principle all the SMRE components containing fluoromaterials should be investigated, and those containing PFOA above 25ppb must be replaced before the SMRE can be legally placed again on the EU market. Companies (e.g., semiconductor manufacturers) in the EU who wish to sell used equipment within the EU will be required to demonstrate the used equipment is in compliance. Selling older used equipment would likely be unprofitable after necessary investigations and component replacements are completed.Next StepsWhile the EU semiconductor manufacturing industry heavily depends on the secondary (used) equipment market, EU regulators may be unaware of the PFOA restriction’s damaging impact to this market. The EHS Division PFOA Working Group, in conjunction with SEMI Europe, is now considering how to bring this concern to the attention of regulators and to collaborate and lobby for effective changes including possible modifications to the EU Persistent Organic Pollutants (POPs) regulation.