Larry Kudlow says Huawei will remain on the entity list. But the question is, if a ban has lost its effect as a ban, could it still be called a ban?
Being on the list itself is nothing in itself. The real question is who will be allowed to continue to sell to Huawei. If All US Huawei suppliers are allowed to continue supply Huawei, then being on the list is just that, a name on a list and it means nothing.
If certain companies are going to be allowed while others are not, what will be the distinguishing criteria?
Phone business vs 5G? Are those companies that supply Huawei only for its phone business will be allowed?
Amount of sales? Are those companies with the most sales will be allowed?
Impact on business? Are those most reliant on sales to Huawei will be allowed?
Or will it be a combination of all considerations?
The thing is, if one company is allowed to sell to Huawei while another is not, then this will effectively give those who are allowed a huge competitive advantage over those who can't sell to Huawei. So the US Commerce Dept will basically effectively by its own hand kill off a certain group of US companies by banning their sale to Huawei while preserving others. If these companies can't sell they will be bound to challenge the Commerce Dept's decision in court.
Another issue is, the more exception you grant, the larger the hole will be. Micron and Intel were already able to exploit loopholes in the ban prior to Trump's comments at G20, just imagine how much larger the loophole will be if certain companies are given express permission to sell to Huawei. Say company A can sell to Huawei, and company B cannot, in this case can't B just sell to A and then sell to Huawei? If the components are critical Huawei could just fork out the extra costs for A to handle such things.
This is how market arbitrage works. If you widen the gap, the gap will just keep widening itself until the whole thing just collapses. It's just the natural way of things. If you have a hole in your clothes, one day it will tear itself apart. If you have a small hole in a dam, it will quickly corrode and widen until the whole dam collapses.
Being on the list itself is nothing in itself. The real question is who will be allowed to continue to sell to Huawei. If All US Huawei suppliers are allowed to continue supply Huawei, then being on the list is just that, a name on a list and it means nothing.
If certain companies are going to be allowed while others are not, what will be the distinguishing criteria?
Phone business vs 5G? Are those companies that supply Huawei only for its phone business will be allowed?
Amount of sales? Are those companies with the most sales will be allowed?
Impact on business? Are those most reliant on sales to Huawei will be allowed?
Or will it be a combination of all considerations?
The thing is, if one company is allowed to sell to Huawei while another is not, then this will effectively give those who are allowed a huge competitive advantage over those who can't sell to Huawei. So the US Commerce Dept will basically effectively by its own hand kill off a certain group of US companies by banning their sale to Huawei while preserving others. If these companies can't sell they will be bound to challenge the Commerce Dept's decision in court.
Another issue is, the more exception you grant, the larger the hole will be. Micron and Intel were already able to exploit loopholes in the ban prior to Trump's comments at G20, just imagine how much larger the loophole will be if certain companies are given express permission to sell to Huawei. Say company A can sell to Huawei, and company B cannot, in this case can't B just sell to A and then sell to Huawei? If the components are critical Huawei could just fork out the extra costs for A to handle such things.
This is how market arbitrage works. If you widen the gap, the gap will just keep widening itself until the whole thing just collapses. It's just the natural way of things. If you have a hole in your clothes, one day it will tear itself apart. If you have a small hole in a dam, it will quickly corrode and widen until the whole dam collapses.