On September 24, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice seeking public comment and input from domestic and foreign semiconductor design firms, semiconductor manufacturers, materials and equipment suppliers, and semiconductor intermediate and end-users regarding ongoing risks in the semiconductor supply chain. The goal of this public comment request is to facilitate the flow of information across the various segments of the supply chain, to identify data gaps and bottlenecks in the supply chain, and to determine potential inconsistent demand signals.  The notice acknowledges that  “ongoing shortages in the semiconductor product supply chain are having an adverse impact on a wide range of industry sectors.”

This effort was mandated by President Joseph Biden’s Executive Order (E.O.) 14017, which included a 100-day supply chain review of the semiconductor industry. For additional background on this issue and the E.O., see past Updates of February 25, 2021, March 11, 2021, March 29, 2021, and June 11, 2021. In its notice, BIS stated that it is specifically seeking information and data from (i) front- and back-end manufacturers and microelectronics assemblers, and their suppliers and distributors, on semiconductor product design; and (ii) intermediate users and end users of semiconductor products or integrated circuits. Key issues to be addressed include any order backlogs; identifying any current delays, disruptions or bottlenecks in the supply chain; any deferred, delayed or suspended production; and identifying semiconductor products in short supply.

Comments must be submitted no later than November 8, 2021 via the U.S. government’s eRulemaking portal at www.regulations.gov. Submissions must be identified by docket number BIS 2021-0036 or RIN 0694-XC084. BIS requires commenters to download and submit a fillable form from the BIS website at https://bis.doc.gov/semiconductorFRN2021. Submissions containing business confidential information must be clearly marked, include a statement justifying nondisclosure and provide a non-confidential version of the submission. Material submitted that is marked as containing “business confidential information,” and accepted as such by BIS, will be exempted from public disclosure.