Risks in the Semiconductor Manufacturing and Advanced Packaging Supply Chain
| Published date | 15 March 2021 |
| Citation | 86 FR 14308 |
| Record Number | 2021-05353 |
| Section | Notices |
| Court | Industry And Security Bureau |
14308
Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210310–0052]
RIN 0694–XC073
Risks in the Semiconductor
Manufacturing and Advanced
Packaging Supply Chain
AGENCY
: Bureau of Industry and
Security, Office of Technology
Evaluation, U.S. Department of
Commerce.
ACTION
: Notice of request for public
comments.
SUMMARY
: On February 24, 2021,
President Biden issued an Executive
order on ‘‘America’s Supply Chains,’’
which directs several Federal agency
actions to secure and strengthen
America’s supply chains. One of these
directions is for the Secretary of
Commerce (the Secretary) to submit,
within 100 days, a report to the
President identifying risks in the
semiconductor manufacturing and
advanced packaging supply chains, and
proposing policy recommendations to
address these risks. Additionally, the
National Defense Authorization Act of
2021 (FY21 NDAA) includes a title for,
‘‘Creating Helpful Incentives to Produce
Semiconductors for America’’ that
mandates several Federal actions in
securing the semiconductor-related
supply chain. One of these requirements
is for the Secretary to assess the
capabilities of the U.S. microelectronics
industrial base to support the national
defense, in light of the global nature and
interdependence of the supply chain
with respect to manufacture, design,
and end use. This notice requests
comments and information from the
public to assist the Department of
Commerce (Commerce) in preparing the
report required by the Executive order.
After that report is completed,
Commerce will assess whether
additional information will be needed to
conduct the assessment required by the
FY21 NDAA.
DATES
: The due date for filing comments
is April 5 2021.
ADDRESSES
: Submissions: All written
comments in response to this notice
must be addressed to Semiconductor
Manufacturing Supply Chain filed
through the Federal eRulemaking Portal:
http://www.regulations.gov. To submit
comments via http://
www.regulations.gov, enter docket
number BIS–2021–0011 on the home
page and click ‘‘search.’’ The site will
provide a search results page listing all
documents associated with this docket.
Find a reference to this notice and click
on the link entitled ‘‘Comment Now!’’
(For further information on using http://
www.regulations.gov, please consult the
resources provided on the website by
clicking on ‘‘How to Use This Site.’’)
FOR FURTHER INFORMATION CONTACT
:
David Boylan, Defense Industrial Base
Division, Office of Technology
Evaluation, Bureau of Industry and
Security, at 202–734–9652,
David.Boylan@bis.doc.gov, or
Semiconductorstudy@bis.doc.gov.
SUPPLEMENTARY INFORMATION
:
Background
On February 24, 2021, President
Biden issued Executive Order 14017,
‘‘America’s Supply Chains’’ (86 FR
11849) (E.O. 14017). E.O. 14017 focuses
on the need for resilient, diverse, and
secure supply chains to ensure U.S.
economic prosperity and national
security. Such supply chains are needed
to address conditions that can reduce
critical manufacturing capacity and the
availability and integrity of critical
goods, products, and services. In
relevant part, E.O. 14017 directs that
within 100 days, the Secretary shall
submit a report to the President, through
the Assistant to the President for
National Security Affairs (APNSA) and
the Assistant to the President for
Economic Policy (APEP), identifying the
risks in the semiconductor
manufacturing and advanced packaging
supply chains and policy
recommendations to address these risks.
Additionally, Title XCIX of the
National Defense Authorization Act of
2021 (FY21 NDAA), ‘‘Creating Helpful
Incentives to Produce Semiconductors
for America,’’ mandates several Federal
actions to secure the security of the
semiconductor-related supply chain.
Section 9904 of the FY21 NDAA
(‘‘Department of Commerce Study on
Status of Microelectronics Technologies
in the United States’’) requires the
Secretary to assess the capabilities of the
U.S. microelectronics industrial base to
support the national defense, in light of
the global nature and interdependence
of the supply chain with respect to
manufacture, design, and end use. The
Secretary must submit a report to
Congress that includes a list of critical
technology areas impacted by potential
disruptions in the production of
microelectronics and an assessment of
gaps and vulnerabilities in the
microelectronics supply chain.
This notice requests comments and
information from the public to assist
Commerce in preparing the report
required by Executive Order 14017. In
developing this report, the Secretary
will consult with the heads of
appropriate agencies, and will be
advised by all relevant bureaus and
components of the Department of
Commerce, including, but not limited to
the Bureau of Industry and Security and
the International Trade Administration.
After that report is completed,
Commerce will assess whether
additional information will be needed to
conduct the assessment required by
Section 9904 of the FY21 NDAA.
Written Comments
The Department is particularly
interested in comments and information
directed to the policy objectives listed
in E.O. 14017 as they affect the U.S.
semiconductor manufacturing and
advanced packaging supply chains,
including but not limited to the
following elements:
(i) Critical and essential goods and
materials underlying the semiconductor
manufacturing and advanced packaging
supply chain;
(ii) manufacturing and other
capabilities necessary to produce
semiconductors, including electronic
design automation software and
advanced integrated circuit packaging
techniques and capabilities;
(iii) the availability of the key skill
sets and personnel necessary to sustain
a competitive U.S. semiconductor
ecosystem, including the domestic
education and manufacturing workforce
skills needed for semiconductor
manufacturing; the skills gaps therein,
and any opportunities to meet future
workforce needs;
(iv) risks or contingencies that may
disrupt the semiconductor supply chain
(including defense, intelligence, cyber,
homeland security, health, climate,
environmental, natural, market,
economic, geopolitical, human-rights or
forced labor risks):
a. Risks posed by reliance on digital
products that may be vulnerable to
failures or exploitation;
b. risks resulting from lack of or
failure to develop domestic
manufacturing capabilities, including
emerging capabilities;
(v) the resilience and capacity of the
semiconductor supply chain to support
national and economic security and
emergency preparedness, including:
a. Manufacturing or other needed
capacities (including ability to
modernize to meet future needs);
b. gaps in manufacturing capabilities,
including nonexistent, threatened, or
single-point-of-failure capabilities, or
single or dual suppliers;
c. location of key manufacturing and
production assets, and risks posed by
these assets’ physical location;
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Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Notices
d. exclusive or dominant supply of
critical or essential goods and materials
by or through nations that are, or may
become, unfriendly or unstable;
e. availability of substitutes or
alternative sources for critical or
essential goods and materials;
f. need for research and development
capacity to sustain leadership in the
development of goods and materials
critical or essential to semiconductor
manufacturing;
g. current domestic education and
manufacturing workforce skills and any
identified gaps, opportunities and
potential best practices;
h. role of transportation systems in
supporting the semiconductor supply
chain and risks associated with these
transportation systems;
i. risks posed by climate change to the
availability, production, or
transportation of goods and materials
critical to semiconductor
manufacturing.
(vi) Potential impact of the failure to
sustain or develop elements of the
semiconductor supply chain in the
United States on other key downstream
capabilities, including but not limited to
food resources, energy grids, public
utilities, information communications
technology (ICT), aerospace
applications, artificial intelligence
applications, 5G infrastructure,
quantum computing, supercomputer
development, and election security.
Also, the potential impact of purchases
of semi-conductor finished products by
downstream customers, including
volume and price, product generation
and alternate inputs.
(vii) Policy recommendations or
suggested executive, legislative,
regulatory changes, or actions to ensure
a resilient supply chain for
semiconductors (e.g., reshoring,
nearshoring, or developing domestic
suppliers, cooperation with allies to
identify or develop alternative supply
chains, building redundancy into
supply chains, ways to address risks
due to vulnerabilities in digital products
or climate change).
(viii) Any additional comments
relevant to the assessment of the
semiconductor manufacturing and
advanced packing supply chains
required by E.O. 14017.
Commerce encourages commenters,
when addressing the elements above, to
structure their comments using the same
text as identifiers for the areas of inquiry
to which their comments respond to
assist Commerce in more easily
reviewing and summarizing the
comments received in response to these
specific comment areas. For example, a
commenter submitting comments
responsive to (i) critical and essential
goods and materials underlying the
semiconductor supply chain, would use
that same text as a heading in the public
comment followed by the commenter’s
specific comments in this area.
Requirements for Written Comments
The http://www.regulations.gov
website allows users to provide
comments by filling in a ‘‘Type
Comment’’ field, or by attaching a
document using an ‘‘Upload File’’ field.
The Department prefers that comments
be provided in an attached document.
The Department prefers submissions in
Microsoft Word (.doc files) or Adobe
Acrobat (.pdf files). If the submission is
in an application format other than
Microsoft Word or Adobe Acrobat,
please indicate the name of the
application in the ‘‘Type Comment’’
field. Please do not attach separate cover
letters to electronic submissions; rather,
include any information that might
appear in a cover letter within the
comments. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file, so that the submission
consists of one file instead of multiple
files. Comments (both public comments
and non-confidential versions of
comments containing business
confidential information) will be placed
in the docket and open to public
inspection. Comments may be viewed
on http://www.regulations.gov by
entering docket number BIS–2021–0011
in the search field on the home page.
All filers should name their files
using the name of the person or entity
submitting the comments. Anonymous
comments are also accepted.
Communications from agencies of the
United States Government will not be
made available for public inspection.
Anyone submitting business
confidential information should clearly
identify the business confidential
portion at the time of submission, file a
statement justifying nondisclosure and
referring to the specific legal authority
claimed, and provide a non-confidential
version of the submission. The non-
confidential version of the submission
will be placed in the public file on
http://www.regulations.gov. For
comments submitted electronically
containing business confidential
information, the file name of the
business confidential version should
begin with the characters ‘‘BC’’. Any
page containing business confidential
information must be clearly marked
‘‘BUSINESS CONFIDENTIAL’’ on the
top of that page. The non-confidential
version must be clearly marked
‘‘PUBLIC’’. The file name of the non-
confidential version should begin with
the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’
should be followed by the name of the
person or entity submitting the
comments or rebuttal comments. If a
public hearing is held in support of this
assessment, a separate Federal Register
notice will be published providing the
date and information about the hearing.
The Bureau of Industry and Security
does not maintain a separate public
inspection facility. Requesters should
first view the Bureau’s web page, which
can be found at https://
efoia.bis.doc.gov/ (see ‘‘Electronic
FOIA’’ heading). If requesters cannot
access the website, they may call 202–
482–0795 for assistance. The records
related to this assessment are made
accessible in accordance with the
regulations published in part 4 of title
15 of the Code of Federal Regulations
(15 CFR 4.1 through 4.11).
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–05353 Filed 3–11–21; 2:00 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2018–
2019
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) determines that certain
steel nails (steel nails) from the
Sultanate of Oman (Oman) were not
sold in the United States at less than
normal value during the period of
review (POR), July 1, 2018, through June
30, 2019.
DATES
: Applicable March 15, 2021.
FOR FURTHER INFORMATION CONTACT
:
Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223.
SUPPLEMENTARY INFORMATION
:
Background
On September 30, 2020, Commerce
published the Preliminary Results of the
2018–2019 antidumping duty (AD)
administrative review of steel nails from
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