Chinese companies are successfully acquiring U.S. chipmaking equipment for advanced semiconductors, despite the Biden administration’s efforts to tighten export controls. The U.S.-China Economic and Security Review Commission’s annual report, spanning a comprehensive 741 pages, criticizes the October 2022 export curbs that aimed to restrict Chinese chipmakers’ access to U.S. tools for manufacturing advanced chips at the 14-nanometer node or below.

The restrictions, designed to prevent the flow of technology crucial for cutting-edge semiconductor production, revealed a significant loophole. Importers can claim equipment use on older production lines, complicating the verification process and rendering the restrictions less effective than intended. This raises concerns about the broader effectiveness of measures aimed at safeguarding sensitive technology.

For instance, Huawei, despite being on the trade restriction list since 2019, managed to produce a 7 nanometer chip for its Mate 60 Pro smartphone at China’s leading chipmaker, SMIC. This suggests that Chinese entities are finding ways to exploit gaps in the export controls, undermining the sanctions imposed by the U.S. government. SMIC and Huawei, both subjected to trade restrictions, seemingly managed to stockpile equipment, taking advantage of the time gap between the U.S. rules in October 2022 and similar moves by Japan and the Netherlands in July and September 2023.

Efforts to close this loophole involved the U.S. convincing Japan and the Netherlands, both with robust chipmaking industries, to announce their own export restrictions on the coveted technology. While this managed to close some gaps, the report reveals that China, between January and August 2023, imported $3.2 billion worth of semiconductor manufacturing machines from the Netherlands, marking a staggering 96.1% increase from the same period in 2022. China’s total imports of semiconductor equipment from all countries reached $13.8 billion over the first eight months of 2023, reflecting the resilience of Chinese companies in circumventing restrictions.

The U.S.-China Economic and Security Review Commission suggests a way forward. The report recommends that Congress request an annual evaluation by the General Accountability Office to assess the effectiveness of export controls on chipmaking equipment to China. Established in 2000, the Commission aims to submit an annual report to Congress on the national security implications of economic ties between the United States and China, along with recommendations for government action.

U.S.- China Tech War:

The conflict between the U.S. and China in the semiconductor industry has been ongoing, with regulators introducing new rules in October 2022 to tighten export controls. The focus shifted to high-end AI system chips and semiconductor equipment machinery in China, aiming to address loopholes in previous sanctions that failed to curb domestic manufacturing effectively. The new rules marked a shift in approach, moving away from bandwidth-based restrictions to total processing performance (TPP) to prevent evasion. The implications for China include serious limitations on graphics processing units (GPUs) and performance application-specific integrated circuits (ASICs) crucial for AI applications. The restrictions on semiconductor manufacturing equipment extended to various tools, including etching tools, EPI tools, mask-making tools, and atomic layer deposition (ALD) tools. Despite these efforts, concerns persist about potential loopholes in restrictions on “advanced fabs” and the overall effectiveness of the supply chain.

Looking ahead, the new restrictions are expected to push China to develop homegrown capabilities in the AI industry. The emphasis is on faster growth of China’s AI chip infrastructure to reduce reliance on American technology, anticipating increased investments in memory computing, analog technology, and neuromorphic computing. However, the impact on the competitiveness of advanced chipmakers like Nvidia and AMD in the ongoing technology war remains uncertain, with potential repercussions on China’s semiconductor sector and overall technological competitiveness.

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