Commerce Department, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is revising its license review policy for exports of certain semiconductors to China and Macau--changing it from a presumption of denial to a case-by-case review. The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips--provided that (1) the semiconductors are commercially available in the United States at the time of publication of this rule and (2) the exporter certifies that: there is sufficient supply of this product in the United States; production of this product for exports to China will not divert global foundry capacity for similar or more advanced products for end users in the United States; the recipient has demonstrated sufficient security procedures; and the item undergoes independent, third-party testing in the United States to verify its performance specifications.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security 15 CFR Parts 742, 744, and 748 [Docket No. 260112-0028] RIN 0694-AK43 AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. ( printed page 1685) SUMMARY: The Bureau of Industry and Security (BIS) is revising its license review policy for exports of certain semiconductors to China and Macau—changing it from a presumption of denial to a case-by-case review. The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips—provided that (1) the semiconductors are commercially available in the United States at the time of publication of this rule and (2) the exporter certifies that: there is sufficient supply of this product in the United States; production of this product for exports to China will not divert global foundry capacity for similar or more advanced products for end users in the United States; the recipient has demonstrated sufficient security procedures; and the item undergoes independent, third-party testing in the United States to verify its performance specifications. DATES: Effective date: The effective date of this rule is January 15, 2026. FOR FURTHER INFORMATION CONTACT: For general questions, contact Regulatory Policy Division, Office of Exporter Services, Bureau of Industry and Security, U.S. Department of Commerce at 202-482-2440 or by email: RPD2@bis.doc.gov . For Category 3 technical questions, contact Carlos Monr…
Citation: 91 FR 1684
