May 17 -- Comment period extended 14 additional days, until May 28, 2021.
https://www.federalregister.gov/documents/2021/05/17/2021-10323/information-request-on-us-and-foreign-content-in-transformational-exports-extension-of-comment
April 23 -- The Export-Import Bank of the United States (EXIM), in the implementation of its directive to establish a new “Program on China and Transformational Exports” (“directive”), seeks information by May 17, 2021 on the level of U.S. and foreign content in U.S. exports in the ten congressionally-defined transformational export areas:
Artificial intelligence
Biotechnology
Biomedical sciences
Wireless communications equipment (including 5G or subsequent wireless technologies)
Quantum computing
Renewable energy, energy efficiency, and energy storage
Semiconductor and semiconductor machinery manufacturing
Emerging financial technologies (including technologies that facilitate financial inclusion through increased access to capital and financial services; data security and privacy; payments, the transfer of funds, and associated messaging services; and efforts to combat money laundering and the financing of terrorism)
Water treatment and sanitation (including technologies and infrastructure to reduce contaminants and improve water quality)
High-performance computing
EXIM’s seven-year reauthorization (P.L. 116-94), signed into law on December 20, 2019, directs EXIM to establish a “Program on China and Transformational Exports” (see Sec. 402). On December 17, 2020, the Board of Directors of EXIM approved new content principles for the ten congressionally defined transformational areas as part of the Program on China and Transformation Exports (PCTE). Under the new principles, full EXIM support is available for eligible transformational export transactions having a U.S content level of 51% or more, down from the previous level of 85% for medium and long-term transactions. The principles also allows EXIM to consider full support for transactions with less than 51% U.S. content if certain pre-requisites are met, including the exporter providing an acceptable actionable written plan to increase U.S. based jobs in the next 3-5 years and at least one of seven factors being applicable to the transaction. Finally, the Board also made Chinese content presumptively ineligible for transactions financed under the transformational exports content policy, as well as providing for incentives to maximize U.S. content.
This notice requests comments and information from the public regarding how EXIM can continue implementing this program in a way that supports EXIM's charter and American job creation. Specifically, EXIM welcomes feedback that assists EXIM in:
Estimating the average annual value of U.S. exports in each of the ten transformational areas that could potentially need EXIM support over the next 5 years.
Estimating the average/typical percent of U.S. content in the supply chain of each of the ten areas, with (if less than 85% percent U.S. content) commentary as to why.
Estimating the average/typical percent of foreign content in each area for which it is infeasible to bring it through the U.S. prior to shipping to the final buyer, with (if more than 0% foreign content) commentary as to why.
Estimating the average/typical percent of foreign content for each area that is from China, with (if more than 0% Chinese content) commentary on the relative ease/difficulty to source that content from a non-Chinese entity.
Evaluating the availability, typical timing and cost implications of requiring U.S. shipping for foreign-port-of-origin shipments from a third country to the buyer/borrower via ocean transport.
Evaluating the typical timing and cost implications of prohibiting Chinese shipping for any foreign-port-of-origin shipments from a third country to the buyer/borrower.
FR notice requesting information:
https://www.federalregister.gov/documents/2021/04/23/2021-08418/information-request-on-us-and-foreign-content-in-transformational-exports
EXIM Program on China and Transformational Exports:
https://www.exim.gov/who-we-serve/external-engagement/program-on-china-and-transformational-exports
P.L. 116-94:
https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf