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Commerce Secretary Gina Raimondo testifies before a Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies hearing on Capitol Hill in Washington, D.C., Feb. 1, 2022.

Andrew Harnik | Reuters

As reports swirl about potential U.S. limits on semiconductor exports to China, a small division within the sprawling U.S. Department of Commerce is taking on an outsize role.

The Bureau of Industry and Security was described by Commerce Secretary Gina Raimondo in 2021 as the “small but mighty” agency at the center of federal national security efforts. That’s especially true now, with President Joe Biden considering stricter controls on the export of powerful artificial intelligence computing chips to the world’s second-largest economy.

The BIS is responsible for implementing the U.S. export control regime, preventing critical high-tech and defense products from getting into the hands of the wrong companies or governments. The decisions made by the BIS about who can and can’t access U.S. technology can have a major effect on corporate bottom lines.

Chipmakers have already taken a hit as a result of BIS-imposed restrictions. In 2022, the BIS warned Nvidia that new licensing requirements precluded the export of the company’s advanced A100 and H100 chips to China without obtaining a license from the Commerce Department, part of the Biden administration’s sweeping effort to curb Chinese technological advancement.

Nvidia warned in August 2022 that about $400 million in potential Chinese sales would be lost unless customers purchased “alternative product offerings.” Just a few months later, Nvidia began to offer a watered-down version of its flagship AI chip for the Chinese market. Dubbed the A800, its lower-end specifications exempted it from Commerce Department licensing requirements.

But The Wall Street Journal reported Wednesday that even the less-powerful Nvidia offering could be restricted from export at the direction of President Biden. The BIS declined to comment on a potential tightening of export controls. Nvidia shares, which have soared 180% this year largely on AI hype, fell 2% after the WSJ story.

Through its Commerce Control List, the BIS can define which product specifications require licenses to be sold overseas. The criteria can be so specific that only a handful of commercially available items apply.

While the Commerce Control List isn’t intended to single out any one vendor, there are very few companies that develop the kind of high-octane processors that power AI models. Nvidia and Advanced Micro Devices lead that group.

If an export restriction were implemented, those companies would be responsible for ensuring their high-tech processors don’t end up in the Chinese markets.

In one high-profile enforcement case, the BIS took aim at hard drive manufacturer Seagate over the company’s decision to continue supplying Huawei after the Chinese company was blacklisted in 2020. Seagate was fined $300 million by the government. But the financial effect was much greater, as Seagate had a $1.1 billion business in China.

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23andMe bankruptcy under congressional investigation for customer data

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23andMe bankruptcy under congressional investigation for customer data

Signage at 23andMe headquarters in Sunnyvale, California, U.S., on Wednesday, Jan. 27, 2021.

David Paul Morris | Bloomberg | Getty Images

The House Committee on Energy and Commerce is investigating 23andMe‘s decision to file for Chapter 11 bankruptcy protection and has expressed concern that its sensitive genetic data is “at risk of being compromised,” CNBC has learned.

Rep. Brett Guthrie, R-Ky., Rep. Gus Bilirakis, R-Fla., and Rep. Gary Palmer, R.-Ala., sent a letter to 23andMe’s interim CEO Joe Selsavage on Thursday requesting answers to a series of questions about its data and privacy practices by May 1.

The congressmen are the latest government officials to raise concerns about 23andMe’s commitment to data security, as the House Committee on Oversight and Government Reform and the Federal Trade Commission have sent the company similar letters in recent weeks.

23andMe exploded into the mainstream with its at-home DNA testing kits that gave customers insight into their family histories and genetic profiles. The company was once valued at a peak of $6 billion, but has since struggled to generate recurring revenue and establish a lucrative research and therapeutics businesses.

After filing for bankruptcy in in Missouri federal court in March, 23andMe’s assets, including its vast genetic database, are up for sale.

“With the lack of a federal comprehensive data privacy and security law, we write to express our great concern about the safety of Americans’ most sensitive personal information,” Guthrie, Bilirakis and Palmer wrote in the letter.

23andMe did not immediately respond to CNBC’s request for comment.

More CNBC health coverage

23andMe has been inundated with privacy concerns in recent years after hackers accessed the information of nearly 7 million customers in 2023. 

DNA data is particularly sensitive because each person’s sequence is unique, meaning it can never be fully anonymized, according to the National Human Genome Research Institute. If genetic data falls into the hands of bad actors, it could be used to facilitate identity theft, insurance fraud and other crimes.

The House Committee on Energy and Commerce has jurisdiction over issues involving data privacy. Guthrie serves as the chairman of the committee, Palmer serves as the chairman of the Subcommittee on Oversight and Investigations and Bilirakis serves as the chairman of the Subcommittee on Commerce, Manufacturing and Trade.

The congressmen said that while Americans’ health information is protected under legislation like the Health Insurance Portability and Accountability Act, or HIPAA, direct-to-consumer companies like 23andMe are typically not covered under that law. They said they feel “great concern” about the safety of the company’s customer data, especially given the uncertainty around the sale process.

23andMe has repeatedly said it will not change how it manages or protects consumer data throughout the transaction. Similarly, in a March release, the company said all potential buyers must agree to comply with its privacy policy and applicable law. 

“To constitute a qualified bid, potential buyers must, among other requirements, agree to comply with 23andMe’s consumer privacy policy and all applicable laws with respect to the treatment of customer data,” 23andMe said in the release.

23andMe customers can still delete their account and accompanying data through the company’s website. But Guthrie, Bilirakis and Palmer said there are reports that some users have had trouble doing so.

“Regardless of whether the company changes ownership, we want to ensure that customer access and deletion requests are being honored by 23andMe,” the congressmen wrote.

WATCH: The rise and fall of 23andMe

The rise and fall of 23andMe

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TSMC denies it’s talking to Intel about chipmaking joint venture

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TSMC denies it's talking to Intel about chipmaking joint venture

A motorcycle is seen near a building of the Taiwan Semiconductor Manufacturing Company (TSMC), which is a Taiwanese multinational semiconductor contract manufacturing and design company, in Hsinchu, Taiwan, on April 16, 2025.

Daniel Ceng | Anadolu | Getty Images

Taiwan Semiconductor Manufacturing Company denied reports that the semiconductor giant was in active discussions with Intel regarding a chipmaking joint venture.

“TSMC is not engaged in any discussion with other companies regarding any joint venture, technology licensing or technology,” CEO C.C. Wei said on the company’s first-quarter earnings call on Wednesday, dispelling rumors about a collaboration with Intel.

Intel and TSMC were said to have been looking to form a JV as recently as this month. On April 3, The Information reported that the two firms discussed a preliminary agreement to form a tie-up to operate Intel’s chip factories with TSMC owning a 21% stake.

Intel was not immediately available for comment when contacted by CNBC on Wei’s comments on Thursday. The company previously said it doesn’t comment on rumors, when asked by CNBC about the reported discussions.

Once the dominant chipmaker in the U.S., Intel has faced numerous challenges in recent years, losing ground to players like Nvidia, AMD, Qualcomm and Apple. Last year, Intel suffered its worst ever performance as a public company, with shares shedding 61% of their value.

TSMC’s denial of tie-up talks with Intel comes as President Donald Trump is pushing to address global trade imbalances and reshore manufacturing in the U.S. through tariffs. The Department of Commerce recently kicked off an investigation into semiconductor imports — a move that could result in new tariffs for the chip industry.

TSMC reported a profit beat for the first quarter thanks to a continued surge in demand for AI chips. However, the company contends with potential headwinds from Trump’s tariffs — which target Taiwan — and stricter export controls on TSMC clients Nvidia and AMD.

– CNBC’s Dylan Butts contributed to this report

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TSMC first-quarter profit tops estimates, rising 60%, but Trump trade policy threatens growth

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TSMC first-quarter profit tops estimates, rising 60%, but Trump trade policy threatens growth

A motorcycle is seen near a building of the Taiwan Semiconductor Manufacturing Company (TSMC), which is a Taiwanese multinational semiconductor contract manufacturing and design company, in Hsinchu, Taiwan, on April 16, 2025.

Daniel Ceng | Anadolu | Getty Images

Taiwan Semiconductor Manufacturing Company on Thursday beat profit expectations for the first quarter, thanks to a continued surge in demand for AI chips.

Here are TSMC’s first-quarter results versus LSEG consensus estimates:

  • Revenue: $839.25 billion New Taiwan dollars, vs. NT$835.13 billion expected
  • Net income: NT$361.56 billion, vs. NT$354.14 billion 

TSMC’s reported net income increased 60.3% from a year ago to NT$361.56 billion, while net revenue in the March quarter rose 41.6% from a year earlier to NT$839.25 billion.

The world’s largest contract chip manufacturer has benefited from the AI boom as it produces advanced processors for clients such American chip designer Nvidia.

However, the company faces headwinds from the trade policy of U.S. President Donald Trump, who has placed broad trade tariffs on Taiwan and stricter export controls on TSMC clients Nvidia and AMD.

Semiconductor export controls could also be expanded next month under the “AI diffusion rules” first proposed by the Biden administration, further restricting the sales of chipmakers that use TSMC foundries.

Taiwan currently faces a blanket 10% tariff from the Trump administration and that could rise to 32% after the President’s 90-day pause of his “reciprocal tariffs” ends unless it reaches a deal with the U.S.

As part of efforts to diversify its supply chains, TSMC has been investing billions in overseas facilities, though the lion’s share of its manufacturing remains in Taiwan.

In an apparent response to Trump’s trade policy, TSMC last month announced plans to invest an additional $100 billion in the U.S. on top of the $65 billion it has committed to three plants in the U.S.

On Monday, AMD said it would soon manufacture processor chips at one of the new Arizona-based TSMC facilities, marking the first time that its chips will be manufactured in the U.S.

The same day, Nvidia announced that it has already started production of its Blackwell chips at TSMC’s Arizona plants. It plans to produce up to half a trillion dollars of AI infrastructure in the U.S. over the next four years through partners, including TSMC.

Taiwan-listed shares of TSMC were down about 0.4%. Shares have lost about 20% so far this year.

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