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Seagate<\/a> Technology Holdings said in a filing on Wednesday the U.S. government has warned the company that it may have violated export control laws by providing hard disk drives to a customer that a source familiar with the situation identified as Huawei Technologies<\/a>.
Reuters was the first to report the disclosure on Wednesday and to identify Huawei<\/a> as the customer. Huawei is on the U.S. Commerce Department's entity list and banned from receiving U.S. exports and certain foreign-made items without government approval.
Seagate was warned in a \"proposed charging letter\" it received from the Commerce Department on Aug. 29, according to the filing with the U.S. Securities and Exchange Commission.
The filing said the company's position is that the hard disk drives are not subject to the U.S. export regulations, and that it did not engage in prohibited conduct as alleged by the Commerce Department.
Seagate's filing did not identify the customer. Seagate paused its shipments to Huawei a year ago, said the source familiar with the matter.
The Commerce Department declined comment on any potential pending enforcement matters but a spokesperson said the department is committed to \"fully investigating any allegation of violations\" of the rule restricting certain foreign-made items, adding that it \"aggressively pursues criminal and civil actions related to unauthorized exports to China.\"
A spokeswoman for Huawei had no immediate comment. The Chinese telecommunications equipment maker was placed on the entity list in 2019 for activities deemed contrary to U.S. national security.
Seagate, a Dublin-based company that also operates in California, said it was cooperating with the Commerce Department and sought to resolve the matter.
The products at issue were provided to the entity listed customer and its affiliates between August 2020 and September 2021, according to the disclosure.
The company said the timing of any final outcome is unclear, as are the terms. It also could not estimate the range of loss or penalty, although it said a material impact on the business was possible.
The company could face civil penalties of up to $300,000 per violation or twice the value of the transaction, whichever is greater, for administrative charges.
The company hopes to make its case in an upcoming meeting with the Commerce Department, the source said. It sent an initial response to the letter in late September and filed more information this week.
Seagate's shares were down 11 percent early Wednesday after the company reported financial results and disclosed the warning over the alleged export violations.
At issue is a U.S. regulation that governs the way certain foreign-made items destined for Huawei become subject to U.S. export regulations.
The Foreign Direct Product Rule, as revised in August 2020, restricts companies from shipping items made outside the United States to Huawei if they are the direct product of certain U.S. technology or software, or produced by essential equipment that is the direct product of U.S.-origin software or technology. Such shipments can only be made with a U.S. license.
The rule was designed to cut the global supply of semiconductors to Huawei.
Seagate's view is that its foreign-made hard drives are not subject to the restriction, the source told Reuters, because they are neither the direct product of any U.S. semiconductor technology or software nor of any equipment that itself is the direct product of any U.S. semiconductor technology or software.
However, the source said, the Commerce Department's proposed charges are based on an interpretation that foreign-made items are subject to the rule if equipment that is the direct product of U.S. semiconductor technology or software was used to produce any component of the end-item, no matter how far removed in the production process.
The hard disk drives are made in China and Thailand and also do not have enough U.S. content to make them subject to U.S. export rules, the source said.
The company has not applied for U.S. licenses for the hard disk drives but has applied for licenses for other items when it determined they were required, the source added.
Republicans on the U.S. Senate Commerce Committee issued a report last October that found that Seagate had likely shipped restricted products to Huawei for as long as a year, giving it a competitive advantage over Toshiba<\/a> and Western Digital<\/a>, the other primary suppliers of hard disk drives, who said they had ceased shipments to Huawei after the new rule took effect in 2020.
Western Digital told Reuters in May 2021 it had stopped shipping to Huawei in September 2020 and applied for a license, which was pending. The company did not respond to requests for an update and comment.
Toshiba also did not respond to requests for comment.
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希捷科技控股周三在一份声明中称,美国政府已经警告该公司可能违反出口控制法律通过为客户提供硬盘驱动器,知情人士确认华为技术有限公司。
路透社是第一个报告周三披露和识别华为作为客户。华为在美国商务部的实体列表,禁止接受美国出口和某些外国制造的物品未经政府批准。
希捷是警告”提出了充电信“收到8月29日,商务部根据提交给美国证券交易委员会(sec)。
文件表示,该公司的立场是,硬盘驱动器不受美国出口法律法规,而且它不参与商务部禁止所谓的行为。
希捷的申请没有识别客户。希捷停顿了一下华为一年前的出货量,消息人士说。
美国商务部拒绝就任何潜在等待执行事务发表评论,但一位发言人表示,该部门致力于“完全调查任何违规的指控”规则的限制某些外国制造的物品,并说这“积极追求刑事和民事行为与非法出口到中国。”
华为发言人没有立即置评。中国电信设备制造商在2019年被放在实体列表被认为是违反美国国家安全的活动。
希捷,一个位于都柏林的公司,在加州也有,说这是配合美国商务部和试图解决的问题。
产品问题是提供给客户列出的实体和其附属公司2020年8月至2021年9月,根据披露。
该公司表示,任何最终结果的时间尚不清楚,条款也一样。它还不能估计损失或处罚的范围,虽然说材料对业务的影响是可能的。
该公司可能面临高达300000美元的民事罚款每违反两次交易的价值,哪个是更大的,行政费用。
公司希望使其在即将会见美国商务部时,该消息人士称。它发送一个初始响应信在9月下旬,本周提交更多信息。
周三早些时候希捷公司股价下跌11%,此前该公司公布财报,披露涉嫌违反出口的警告。
问题在于美国监管管理某些外国项目的方式运往华为成为受美国出口法律法规。
外国直接乘积法则,修订后的2020年8月,限制公司从境外生产的商品的运输美国华为如果某些美国的直接产品技术或软件,或生产的重要设备,是美国的直接产物源软件或技术。这样发货只能用美国的许可。
这条规则是为了减少半导体华为的全球供应。
希捷的观点是其外国制造的硬盘不受限制,消息人士告诉路透,因为他们既没有任何美国半导体技术或软件的直接产品或任何设备,本身就是美国半导体技术的直接产品或软件。
然而,消息人士称,商务部提出的指控是基于一个解释,外国制造的商品受到规则如果设备是美国半导体技术或软件的直接产品用于生产最终产品的任何组件,无论多么遥远的生产过程。
硬盘驱动器是由在中国和泰国和美国也没有足够的内容,使它们受到美国出口规则,该消息人士称。
美国公司还没有申请许可证的硬盘驱动器,但申请许可其他物品时,他们需要决定,源补充道。
共和党在去年十月美国参议院商业委员会发表了一份报告,发现希捷可能限制产品运往华为只要一年,给它一个竞争优势东芝和西部数据公司,另一个硬盘驱动器的主要供应商,他们说他们已经停止发货,华为在2020年新规则生效后。
西部数据公司告诉路透社2021年5月它已经停止运输到华为2020年9月,申请许可证,这是悬而未决。该公司并未对更新请求作出回应和评论。
东芝也没有回复记者的置评请求。
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