Trump

Tensions between the United States and China have reached fever pitch. Ongoing trade negotiations between the U.S. and China broke down earlier this month over reported backpedaling by China on key concessions in a proposed Trump administration deal. Over the past year, the U.S. has raised tariffs on more than $250 billion worth of Chinese goods to 25 percent, and last week the administration proposed tariff hikes on an additional $300 billion in imports – moves that have drawn retaliatory tariffs from China, many squarely hitting the semiconductor industry. Based on SEMI member feedback, the tariff increases will cost the semiconductor industry more than $750 million annually.At the same time, the Trump Administration is taking other steps to ratchet up pressure on China. Last week, seven months after placing Fujian Jinhua on the Entity List, which effectively blocks the sale of and export of goods to China, the U.S. Department of Commerce added Huawei (and nearly 70 affiliates) to the list. While the U.S. is taking this action for security reasons, it is also seen as a move to create leverage at the trade table. The U.S. is also intensifying efforts to reform the export control regime, focusing first on enhancing controls on emerging technologies and then on foundational technologies. The rising pressure has prompted China to contemplate and launch a counteroffensive that goes well beyond tariffs and export controls. The reprisals include China’s promotion of heightened Chinese nationalism by domestic consumers, a tactical slowdown of administrative processes required to conduct business in China, and the imposition of direct or indirect limits to market access. China is also using U.S. actions to justify larger state investments in its domestic industry and is ramping up efforts to give other regions greater access to its markets as it works to strengthen those relations ahead of next month’s G-20 summit in Osaka, Japan. The U.S. is also maneuvering to bolster its negotiating hand through its own agreements with Japan and the European Union.Unintended consequences of Trump administration actionsThe Trump administration’s moves to rectify the trade imbalance with China are also well-intentioned in seeking to protect the IP of U.S. technology companies and ensure continued U.S. leadership in technology development and innovation. However, its tactics can encourage long-term, perverse shifts in the globally integrated electronics manufacturing supply chain that risk upending market-driven investments in the semiconductor industry and weakening natural market forces that nourish competition among companies based on service, quality and product offerings.It is critical for SEMI, in working with government officials, to shed light on the potentially deep, unintended damage its trade actions can wreak on global supply chains and markets. We will continue to promote global standards governing trade, IP and market access through our Global Trade Principles and focus on sustaining a global order that assures the electronics manufacturing supply chain remains cohesive and vibrant.SEMI continues efforts to influence trade policyWe continue to meet with government policymakers around the world to educate them on near- and long-term impacts and risks of their evolving trade practices, conducting approximately 220 meetings with government officials globally in the past year. We also facilitate individual and group member meetings to give SEMI members direct contact to key government decision-makers. For example, on May 22nd during the SEMI Spring Washington Forum, or “fly-in,” more than 30 semiconductor industry executives from across the supply chain met with administration officials and Congressional offices to discuss issues including trade, export controls and immigration reform and impacts on their businesses. The executives represented a cross-section of small, medium, large and global companies based in the U.S. or providing support for U.S. organizations. Their aim: influence policy development. SEMI is in a unique position as a representative of the end-to-end, global electronics manufacturing supply chain and is a valuable “one-stop-shop” that represents members on policy while providing opportunities to collaborate in one of our Technology Communities. SEMI members can also leverage our strategic partnerships, our market research or leadership in industry standards. With this breadth and depth of member engagement and industry expertise, SEMI leads in providing industry insights to governments at this critical time. There is no doubt that the current situation is complicated and it is impossible to predict when or how the trade issues will be settled. As the U.S. and China work to settle the trade dispute, SEMI will continue to lead efforts to ensure that the voices of SEMI members and the electronics industry supply chain are heard.Mike Russo is vice president of Global Industry Advocacy at SEMI.

Yesterday, President Trump extended the deadline for List 3, which would have raised U.S. tariffs on $200 billion worth of goods from China. SEMI welcomes the deadline extension.Over the past three months, the United States and China have engaged in bilateral discussions to address structural issues like intellectual property protection and requirements for the use of joint ventures as well as trade balance concerns. President Trump announced that these talks have yielded significant and substantial progress in all areas. That said, it’s been reported that discussions on structural issues, such as forced technology transfer, have seen limited progress.Certainly, questions remain on the specifics of liberalization, the structure of the agreement and, most notably, enforcement. Any new commitment will be toothless without a firm and binding enforcement mechanism. While the date of the new deadline hasn’t been clarified, we believe that the tariffs won’t be increased before Presidents Trump and Xi meet, which could happen in late March at Mar-a-Lago.List 3 covers a range of items, including a number of consumer goods, but also directly impacts items critical to the semiconductor manufacturing process, including materials and machines. SEMI estimates that all U.S. and Chinese retaliatory tariffs – which 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 – will cost members more than $700 million in annual duties.While SEMI strongly supports stronger protections for 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. The tariffs seem to target U.S. firms for simply operating in China.Given that chips, tools, and materials are extremely complex, precise, and difficult to manufacture, it is not reasonable to believe that any component can easily 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.SEMI will continue monitoring new developments in this area. Any SEMI members with questions should contact Jay Chittooran, Global Public Policy Manager at SEMI, at [email protected].

For public policy lovers, civic-minded, engaged U.S. citizens, and people around the world interested in the U.S. President’s positions and priorities, the annual State of the Union address (SOTU) is “must-see TV.” This year, the anticipation and expectations were different than with past presidents. President Trump is the first U.S. president who has used social media to the extreme that he has. President Trump’s prolific Twitter feed has had an interesting impact on the SOTU. U.S. citizens and people from around the world already know President Trump’s positions on issues, his policy priorities and what gets him excited. There is an ongoing, direct line to the President’s thoughts throughout each and every day. In the past we looked to the SOTU for insights into what the sitting president is really thinking and his future policy priorities. Now, there isn’t much we don’t already know.One looming question this year was whether President Trump would reach out in a conciliatory manner to help bridge the political divide and lay the groundwork to enable some public policy wins and avoid another government shutdown. While there were moments of conciliation, the President made it clear he would not move on areas that are most contentious with the other side of the aisle. For example, the President unequivocally reiterated his intent to build the wall. While the message plays well to his base, it is, in effect, a frontal assault and challenge to Democrats. It’s hard to image that his staunch stance will help move the two parties to work together on substantive policy issues. It may also mean that the wall issue will occupy lawmakers time for the foreseeable future, sidelining debate on other important issues.The best hope is that a bipartisan bill finds its way to the President’s desk that he can sign and use to “declare victory.” However, many political observers believe the likelihood of the President declaring a national security emergency is rising as a maneuver to ensure funding for the wall and avoid a shutdown. While such a declaration would most likely face a court challenge, the President could claim that his decision was a move of last resort and leverage the moment to position Democrats as obstructionists to his base. The scenario does not bode well for the bipartisan support necessary to address other issues.What does this mean for our industry? Were there any points raised in the SOTU that would signal a change in what we are facing regarding trade, tariffs, export controls and immigration? Were any new issues or ideas raised that could help lift the global economy? In short, no. On one hand, the President cited his good relationship with the president of China, but on the other doubled down on his attacks on China, seeming to stand firm to bolster his position at the table as the U.S. and China trade talks continue.What do these dynamics mean for SEMI Global Advocacy? In 2018 we were heavily engaged in efforts to prevent regulations that would inhibit our members' ability to develop and deploy technologies and maintain global market access. We advanced our global advocacy model, leveraging our regional presence around the world. Many of the potential issues we faced emanated from the U.S., including those focused on controlling technology development, limiting trade and enhancing export controls. We also intensified our efforts to address industry talent pipeline issues.In 2019, our public policy focus will be to continue to push back on tariffs, engage members to inform the rule-making process for export controls and to attempt to influence the immigration debate as it pertains to access to talent. In addition, while the U.S. R D tax credit was made permanent through the tax cut in 2017, some of the provisions may have unintended consequences and will need to be modified. How the law is enacted will affect how businesses can deduct qualified research and development and other expenses from their taxable income, so we anticipate activity on the tax front as well.It will also be a big year for SEMI on the workforce development front. SEMI will continue to grow its existing High Tech U (HTU), university and mentor programs. In addition, SEMI will be positioning itself as the global leader in addressing issues related to the talent pipeline by approaching the problem with a full-spectrum, holistic approach that is intended to better address more immediate needs in attracting, training and retaining qualified talent. We’ll also focus on improving the industry image and exciting students at a younger age by providing experiential learning activities throughout a defined educational pathway. Stay tuned on this front as the full program unfolds.In general, we will continue to build our relationships and stature as a leading voice for our members and the end-to-end semiconductor supply chain in the areas of talent, trade, tax and technology (SEMI’s “4 Ts”) and to ensure free and fair trade, access to markets, supply chain growth, IP protections and enhanced efforts to improve cybersecurity. Mike Russo is VP of Global Industry Advocacy at SEMI.

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].