$1 Billion Fine: TSMC Risks in U.S. Probe Over Huawei Chip Controversy

TSMC could be hit with a $1 billion fine following a U.S. investigation into its involvement in supplying chips potentially used by Huawei.

Introduction

Taiwan Semiconductor Manufacturing Company (TSMC), the world’s largest contract chipmaker, is under investigation by the U.S. government for potential violations of export control regulations. The investigation, which could lead to fine of over $1 billion, stems from TSMC involvement in producing chips that were reportedly used in Huawei’s AI processors. This scrutiny comes at a critical time for both the company and its relationship with the U.S., as tensions over semiconductor exports intensify.

If proven, TSMC’s shipments to Huawei could violate strict U.S. sanctions, opening the door to a billion-dollar fine.”
Rebecca Lin, Policy Director, Center for Strategic Technology Studies

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Overview: U.S. Investigation and Potential Penalty

Investigation Focus: TSMC’s role in supplying chips that may have ended up in Huawei’s Ascend 910B AI processor.

Export Control Violation: TSMC is accused of breaching U.S. export controls that restrict the sale of advanced chips to companies like Huawei.

Potential Fine: The TSMC could impose a penalty exceeding $1 billion, based on the value of the transactions involved.

Impact on TSMC: The investigation follows increased scrutiny of TSMC’s ties to Chinese companies, particularly those on the U.S. blacklist like Huawei.

Market Reaction: News of the probe led to a dip in TSMC’s stock, reversing nearly 3% of its earlier gains.

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The Investigation and TSMC’s Role

The U.S. Department of Commerce has been investigating TSMC’s dealings with Sophgo, a China-based company, after finding that TSMC manufactured chips used in Huawei’s advanced AI processors.

These chips, reportedly produced in large quantities, appear to violate U.S. export control laws that prohibit companies like TSMC from supplying advanced technology to Chinese firms on the restricted list, such as Huawei.

TSMC has produced millions of chips for Sophgo over recent years, some of which are believed to have been diverted to Huawei’s Ascend 910B AI processors. These processors are critical in Huawei’s AI capabilities, putting them in direct competition with global tech giants like Nvidia.

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U.S. Export Control Laws

The core of the investigation lies in the application of U.S. export control regulations, which govern the flow of technology to foreign entities that might pose national security risks.

As TSMC relies on U.S. technology in its manufacturing processes, it is bound by U.S. laws despite being headquartered in Taiwan. This restriction is especially relevant to the production of chips that could be used in sensitive technologies like AI, which has military and strategic applications.

Lennart Heim, a researcher at the RAND Technology and Security Policy Center, emphasized that due to the AI-specific design of the chips, TSMC should have been even more cautious when dealing with Chinese firms, considering the risk of diversion to Huawei.

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The Market Impact

Following the revelation of the investigation, TSMC’s stock price showed signs of volatility. Shares dipped nearly 3% after the news broke, reflecting investor concern over the potential financial repercussions.

The fine, which could exceed $1 billion, would represent a significant blow to TSMC, given the scale of the company’s operations and its role in the global semiconductor market.

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TSMC’s Response and U.S.-Taiwan Relations

In response to the investigation, TSMC has cooperated fully with the U.S. authorities. TSMC says it stopped supplying Huawei in mid-September 2020.

The company follows all U.S. laws. The Commerce Department will send a proposed charging letter. This letter lists the violations and proposed fine. TSMC will have 30 days to respond.

The case comes during tense U.S.-Taiwan relations. Trump set a 32% tariff on Taiwan imports. He excluded semiconductors for now. But future chip tariffs may still happen.

TSMC has made significant investments in the U.S., including plans to build new manufacturing facilities. This ongoing scrutiny could further complicate TSMC’s business prospects.

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What’s Next for TSMC?

U.S. officials are increasingly focused on enforcing export control violations, especially concerning China. U.S. Commerce Secretary Howard Lutnick has stressed the need for stronger enforcement and harsher penalties to prevent national security risks.

Jeffrey Kessler, Under Secretary of Commerce for Industry and Security, has also voiced concerns about TSMC’s involvement with Huawei, calling it a “huge concern.”

Historically, companies that violated export control laws have faced significant penalties. In 2023, Seagate Technology was hit with a $300 million fine for shipping over $1 billion in hard drives to Huawei, setting a precedent for similar cases.

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Conclusion

TSMC’s potential fine reflects rising U.S.-China tensions over chip tech. As the U.S. tightens export controls, global chipmakers like TSMC face increasing regulatory pressure. The case could reshape U.S.-Taiwan ties and impact the global semiconductor market.

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Kumar Priyadarshi
Kumar Priyadarshi

Kumar Joined IISER Pune after qualifying IIT-JEE in 2012. In his 5th year, he travelled to Singapore for his master’s thesis which yielded a Research Paper in ACS Nano. Kumar Joined Global Foundries as a process Engineer in Singapore working at 40 nm Process node. Working as a scientist at IIT Bombay as Senior Scientist, Kumar Led the team which built India’s 1st Memory Chip with Semiconductor Lab (SCL).

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