Lisa Su signals compliance with the new trade framework as Washington reshapes AI-chip exports—and legal questions mount over whether the fee constitutes an unconstitutional export tax
Advanced Micro Devices (AMD) is moving forward under the Biden administration’s revised export framework for AI semiconductors, with CEO Lisa Su confirming that the company has obtained licenses to ship its MI308 artificial intelligence chips to China. Speaking at a Wired technology conference in San Francisco, Su added that AMD is prepared to pay the U.S. government a 15% fee on those shipments—part of a deal Washington brokered with GPU leaders Nvidia and AMD earlier this year.
The agreement, announced by President Trump in August, allows limited shipments of certain AI chips to China in exchange for the 15% payment. The policy aims to balance U.S. national security concerns with the commercial interests of American chipmakers, who rely heavily on international sales. While the MI308 is designed to comply with U.S. export restrictions by offering lower performance than top-tier AI chips, it remains a meaningful product for maintaining market presence in China, one of the world’s largest semiconductor buyers.
However, the arrangement has sparked debate among legal scholars and trade experts. Some argue that the 15% levy may violate the U.S. Constitution’s prohibition on taxing exports, raising questions about whether the government is imposing a de facto tariff on outbound goods. Others note that the framework marks a significant shift in how Washington regulates advanced technology shipments—blurring the lines between export controls, taxation, and industrial policy.
For AMD, the priority appears to be operational continuity. Su emphasized that the company is fully licensed and prepared to comply with all regulatory obligations. The MI308 shipments would help the chipmaker maintain competitive footing in Asia even as global AI-chip competition intensifies.
As the U.S.–China tech rivalry deepens, AMD’s compliance reflects the evolving landscape of semiconductor geopolitics—where market access, national security, and constitutional boundaries increasingly intersect.
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