If you receive an investment incentive (subsidy) under the US Semiconductor Science Act (hereinafter referred to as the Semiconductor Act), you will not be able to expand your semiconductor production facilities by more than 5% in countries of concern, such as China, for 10 years from the date of receipt.
The U.S. Department of Commerce detailed the provision of safeguards to ensure that technology and innovation funded under the Semiconductor Act are not used by adversaries for malicious purposes against the United States or its allies and partners. published a draft regulation.
According to the detailed regulations, subsidy recipients under the Semiconductor Act are restricted from investing in expanding semiconductor production capacity, such as new or expanding state-of-the-art semiconductor production facilities in countries of concern overseas, such as China, Russia, Iran, and North Korea.
In particular, the Ministry of Commerce stipulates that the entire subsidy can be recovered if the subsidized company expands its semiconductor production capacity in countries of concern, such as China, for 10 years from the date of receipt.
In the case of high-tech semiconductors, production capacity was prohibited from being expanded by 5%, and legacy semiconductors of the previous generation were prohibited from expanding production capacity by more than 10%.
Exceptions were made for subsidized companies to establish new general-purpose semiconductor production facilities, provided that at least 85% of the general-purpose semiconductors produced at the new production facilities are consumed within countries of concern, such as China.
Under this exception, however, semiconductor companies planning to expand their general-purpose semiconductor facilities must notify the Department of Commerce to ensure they are complying with the guardrail regulations.
“Innovation and technology funded under the Semiconductor Act is a way to extend the technological and national security advantages of the United States and its allies,” said Commerce Secretary Gina Lamondo. It will help us get ahead.”
“The Semiconductor Act is fundamentally a national security initiative, and guardrails like these will help keep bad actors from accessing cutting-edge technology that could be used against the United States and its allies.” We will continue to work with our allies and partners to advance our goals, strengthen our global supply chains and advance our collective security.”
The announcement of such guardrail regulations is expected to act as a burden on Samsung Electronics and SK Hynix, which operate semiconductor factories in China, in receiving US semiconductor subsidies.
Currently, semiconductors produced by Samsung Electronics and SK Hynix in China are said to belong to high-tech semiconductors.
However, this guardrail regulation seems to focus on prohibiting the ‘quantitative expansion’ of production facilities, and it is interpreted that it does not limit the ‘technical upgrade’ of production facilities necessary to manufacture semiconductors with more advanced technology.
If the US Department of Commerce restricts technological upgrades of production facilities by defining them as ‘substantial expansion’, Samsung Electronics and SK Hynix, which are competing with Chinese semiconductor companies, have been concerned that they will have difficulty maintaining competitiveness in China.
However, the restrictions imposed by the US Department of Commerce’s export control of semiconductors to China remain unchanged, so the situation remains unfavorable for Samsung Electronics and SK Hynix.
Previously, the Department of Commerce announced in October last year that US companies sold △logic chips (16nm to 14nm or less) using FinFET technology △18nm or less DRAM △128-layer or higher NAND flash equipment and technology to China if they were sold to China. It has announced measures to control the export of semiconductors to China, which virtually bans exports by requiring permission.
At that time, the Korean government coordinated with the US government to obtain a comprehensive license allowing Samsung Electronics and SK Hynix to import equipment necessary for upgrading Chinese factories for a limited time for ‘one year’.
As a result, Samsung Electronics and SK Hynix can continue to import necessary equipment from Chinese factories until October of this year, but it is uncertain after that.
In this regard, Alan Esteves, undersecretary of the Bureau of Industry and Security (BIS) of the Ministry of Commerce, who is in charge of export control, said at an event on the 23rd of last month, “It is highly likely that companies will set a cap on the level of semiconductors that can be produced.” there is.
A source in Washington said in a phone call with News 1, “The announcement of the guardrail regulations put restrictions on quantitative production capacity, but left room for technological upgrades.” While applying, it seems to have left the possibility of coordination at the stage of signing individual agreements with the US Department of Commerce.”
Meanwhile, the US Treasury Department also announced detailed regulations on the same day regarding investment tax credits for facilities that produce semiconductors or semiconductor manufacturing equipment.
According to the regulations, companies that produce semiconductors or semiconductor manufacturing equipment can receive a tax credit of 25% of eligible investments if they invest in production facilities for them. Tax credits are applied to investments whose construction began on or after August 9, last year, when the Semiconductor Act was enacted, and services commenced on or after December 31, last year.
However, if a company that received a tax credit by applying the Ministry of Commerce’s guardrail regulations substantially expands its semiconductor production capacity in China and other countries over the next 10 years, the entire tax credit amount previously applied for must be returned.
(Washington = News 1)
Source: Donga
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.