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As one telecom lawyer put it to me in the story, the FCC has massive authority over lots of technology, so it really has a lot of room to run.
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Hello and welcome back to the Wire China podcast.
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I'm Andrew Peepel, the Wire's news editor, coming to you today from a still remarkably sunny England.
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Well, we're recording this episode in the middle of an exciting week for those of us who watch US-China relations closely, with Xi Jinping set to meet Donald Trump in Washington on Thursday.
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Just ahead of that, I'm joined today by my colleague Noah Berman to talk about his latest cover story on a man who, perhaps surprisingly, has emerged as a key figure in the Trump administration when it comes to China.
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Brendan Carr, the head of the Federal Communications Commission.
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Hi Noah, how are things in New York?
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Things are quite busy here with the annual UN week going on, but surely things are busy in Washington as well, with Shia and Trump set to meet today.
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Absolutely.
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Well, let's get into your great news story on Brendan Carr, the FCC and China.
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I mean, Carr has got a lot of coverage for his approach to the media inside the US during Trump's second term.
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But he's been pretty active in implementing some of the Trump administration's China policy, too.
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What's been the main way that the FCC under Carr has implemented restrictions on China?
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And what and what's been the effect of that?
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So you're right, Andrew.
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At least in America, Brendan Carr is far better known for this long-standing dispute with the late-night talk show host Jimmy Kimmel than anything to do with China.
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But at the same time, he has also quietly transformed his agency, which is pretty small by government standards at least, into this big player in China policy.
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And the way that he's doing that is through essentially import controls.
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And he's done so in a creative way, creating bands that functionally target China, but don't actually mention China at all.
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The way he's done that is by adding different kinds of foreign-made products to an import control list called the covered list.
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And if you're on that list, then Americans and American companies can't buy or import your technology unless they follow some specific rules.
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So far, the FCC has added new models of foreign-made drones, routers, power inverters, and different types of robots to the covered list.
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And it's followed up those designations with basically a whitelist of companies that can continue importing and selling foreign-made versions of those products in the United States.
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Naturally, no Chinese company, whether it's a firm like DJI in drones or Uni-Tree in robots, has gotten onto one of those whitelists.
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So voila, you end up with a reverse-engineered ban on Chinese technology.
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Fascinating.
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How's China responded to all of this?
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After all, this seems to run counter to the trade truce that um Xi and Trump negotiated last year in Busan in South Korea.
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So I just wonder how they're responding to all of this.
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Certainly, China has protested uh the FCC's moves on nearly exactly those grounds.
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Last month, a spokesperson for China's Commerce Ministry said the FCC was undermining the deal that Trump and Xi reached in Busan last year.
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But it's worth noting that it took a while for China to say anything at all.
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There wasn't an official response to the drones measure, which the FCC took way back in December of last year.
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And there wasn't anything in response to the routers measure, which took effect in March of this year.
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And so far, China has responded relatively mildly with retaliatory measures that mirror some of the FCC's actions.
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They've introduced new controls on exports of drones to the United States, for example, and they've also introduced a national security investigation into printers and copying machines, many of which use US software.
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And that may well be disappointing for makers of that software, but we haven't seen anything like the big rollout of rare earth export controls that threaten to upend the auto industry ahead of Trump and she's meeting in South Korea.
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So it's kind of a quiet uh trade conflict that's going on underneath the radar here.
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No, one of the things I've learned from reading your stories, editing your stories, and those of our colleagues at the Wire China is that often the US government, like many other governments, has different departments and they're not always necessarily on the same page.
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Um, does the way the FC has acted under CAR actually sort of tie into the approach of other government departments in the US and agencies under this second Trump administration?
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There can be quite a divergence.
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Under the Biden administration, we saw these types of import controls handled by an office within the commerce
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department.
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And they worked a little differently.
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They would basically say we've identified a national security risk associated with a combination of this country, in many cases China, and this technology.
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In the case of the Biden administration, this was many uh types of internet uh connected objects, uh, but they focus on cars and are going to make rules that, for example, restrict US sales of cars made by Chinese companies.
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But under Trump, we've seen that office get much quieter.
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My understanding is that it's focused on implementing that connected cars rule passed by the Biden administration, even though President Trump himself has suggested several times that he's open to Chinese companies making cars in the United States.
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It's not for lack of rules under consideration, uh, according to people familiar with the matter, and as we report in this story, last summer that office within the Commerce Department wrote draft rules that would have targeted Chinese components used in data centers, but those rules have never been published.
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And those people also said that commerce was considering a robotics rule, and we haven't seen that come to fruition either.
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Instead, we've seen the FCC impose restrictions on new models of foreign-made humanoid robots and these four-legged robotic dogs, but that will likely end up as the previous FCC measures did, focusing on China.
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And just as a quick follow-up, Noah, if you don't mind, I guess the FCC itself hasn't really been involved in effectively implementing trade policy and to quite this level before.
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Is that fair to say?
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The FCC has really grown into its role over the past decade or so.
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It played a major uh role in beginning to what was called rip and replace infrastructure made by the Chinese telecom giant Huawei and its competitor ZTE out of the United States after some legislation passed uh at the end of the 2010s and in 2020 that gave the FCC new teeth to pursue different types of technology made by different companies that allow it to essentially apply the Huawei playbook to things like drones and routers and power inverters.
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And that's what we're seeing now.
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Are there any downsides that you can see or that you reported on that when you were speaking to people about this from carr's approach effectively banning some of these Chinese products?
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Are there any potential uh flaws to the way this he's going about doing this?
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Do you think one, there are certainly a few that come up when you talk to people in uh the affected industries.
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Uh, one is that the types of restrictions that the FCC has put into place apply to companies uniformly, whether they are based in the United States or based in China, uh, if they are making goods in China or anywhere outside of the US, then the rules apply to them.
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Some people think that you shouldn't treat foreign companies all the same.
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You should treat Chinese companies differently, if that's who you intend to target, then you would treat companies that manufacture that are based in the US and manufacture in Vietnam, for example.
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Another criticism is that these things are going to take some time.
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These new rules have been published with nearly immediate effect, but at the same time, you cannot build a domestic drone industry overnight, uh, for instance.
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Others argue that the United States is in fact closing itself off to technology that it could learn from.
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DJI, for instance, leads the drone industry by a pretty big margin.
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And some people argue that it would be better for DJI to make drones in the United States with a United States partner, with the hope that America gets some tech transfer out of it.
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This is sort of how China built its own auto industry with companies like Ford and like Volkswagen setting up shop and transferring technology to local partners in China.
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At the same time, others counter that that type of agreement doesn't address issues of data collection or remote, remote access by Chinese companies that could be accountable to the Chinese Communist Party under Chinese laws, even if they're operating in the United States.
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And so there's opposition to those types of partnerships on those grounds.
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Fascinating.
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Let's sort of tie this a little bit into what's happening this week, obviously, with Xi Jinping visiting uh Trump in Washington.
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There's a lot of commentary out there this week about how Trump's approach to China maybe has been a little more dovish, a little less hawkish than people maybe were expecting for his second term.
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I just wondered, though, when you look at what Carr's been doing at the FCC, what that that agency's been doing, does it suggest to you at all that the Trump administration this time around has been a little bit more hawkish on China than many people think?
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I think it's fair to point out the ways that the Trump administration has indeed been less hawkish on China than was expected uh for his second term.
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It's loosened export controls on AI chips, for example, in a way that has surprised a lot of people.
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Uh, Trump has held up arm sales to Taiwan and called them a negotiating chip.
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He said that he's open to Chinese auto companies making cars in the United States.
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And he also talks often about how much he admires Xi Jinping.
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But I think it's also worth noting in many ways that this administration is still quite hawkish on China.
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Last year, Trump approved an$11 billion arm sale to Taiwan.
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That's the biggest ever arm sale to Taiwan, even bigger than the total amount of arms sold to Taiwan under President Biden.
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The pause package is even bigger at$14 billion.
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That's the package that Trump has referred to as a negotiating chip.
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Meanwhile, tariffs on China are also far higher than they were before Trump resumed office last January.
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And agencies like the FCC, as you note, are imposing de facto restrictions on Chinese technology in a way that goes beyond what the first Trump administration did or what the Biden administration did.
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As a former colleague of yours said to me this week after you published the piece, it's really just such a mixed bag when it comes to China.
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Looking forward, what do you see now?
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I mean, do you think that the FCC under car is going to carry on in this vein?
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What other sort of actions could it take, do you think?
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So far, the FCC's covered list rules have focused on new models of technology.
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So a company like DJI uh can continue selling older drones, but it just can't sell its newer drones to US customers.
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Over the summer, the FCC sought public comments on whether to add existing models to the covered list, too.
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So an expansion of the covered list to those existing products, uh specifically drones that weigh above a certain amount and have LIDAR or other sensors.
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It's worth noting that most of the comments the FCC got in response to that idea opposed it, but we'll see if they take those into account.
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Another possible addition to the covered list is a data center component called an optical transceiver.
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Reuters reported last month that the FCC is considering adding foreign-made models of them to the covered list, which would follow the same playbook as the drones and routers and robots rules.
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It's a sector that is like others, the FCC has targeted, in that Chinese companies are major players, hold significant market share.
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And when I asked about that, the
FCC declined to comment.
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There's also the possibility of electronics that contain Chinese chips.
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The FCC technically can't add whatever it wants to the covered lists.
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It needs something called a national security determination from an agency that Congress has decided is worthy of deciding that sort of thing.
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But the FCC can participate in those discussions.
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And in July, it did say that if a determination comes through on devices containing Chinese chips, it would add them to the covered list.
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As one telecom lawyer put it to me in the story, the FCC has, quote, massive authority over lots of technology.
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So it really has a lot of room to run.
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And as an FCC official said to me, uh, Chairman Brendan Carr has a saying, it's don't stop at green lights.
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So I think we're going to see a lot more of this going forward.
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Noah, thanks so much for talking us through your story.
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I do encourage all of you out there to read Noah's story for more detail on all of this.
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Uh, it's a really interesting take on a topic that's probably been under-reported and has gone under the radar, but really, really pretty interesting.
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Um, so thank you so much for that, Noah.
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Before we go, I wanted to have a quick word on what else we've been doing at the wire uh for some further insight into how President Trump is approaching China in his second term.
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Our latest edition has an interview with Stephen Vaughan.
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Uh, Vaughan, he was the general counsel to the US trade representative in Trump's first term.
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And that interview's got a lot of insights into how Trump and the people around him are thinking about China.
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Ahead of the summit, also, Savannah Billman has looked into whether the US and China are fulfilling the pledges they made last autumn when she and Trump met in Busan, as I mentioned above.
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We also have a story by Peiue Wu on a key Chinese export that helps keep the lights on across the Western world.
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So don't miss any of those stories.
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The good stuff doesn't stop there.
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This week we've already published a new op-ed by Andrew Tilton and Wei Shan of Goldman Sachs on something that's been a running sore in the US-China relationship, the Renminbi dollar exchange rate.
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We will have a fascinating interview coming out soon with Brian Sei, who runs Concordia AI.
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That's an organization based in Beijing that monitors how China is dealing with AI, the AI technology's rise.
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And we'll have a new op-ed out on Friday with a quick reaction to the Trump Xi Summit outcome.
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To finish up, we've got a quick preview of that interview with Brian Sei, in which he talks a lot about how China is approaching some of the issues that have come to the fore in the Western media in the recent weeks about the dangers of AI and safety, and also how China and the US are going to cooperate on AI.
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Do take a listen to that.
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In the meantime, thank you so much for listening and goodbye.
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Now, in terms of research priorities, I think there isn't a neat pipeline from a leadership speech to a research agenda at a university.
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I think what you see is that is sort of a self-organizing, somewhat top-house ecosystem.
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So when I think of you know some of the AICP conferences that we have hosted in Beijing with the page of AI or the OI conference every year, you know, leading academics present their technical findings, and we see the depth and range of the work has been increasing every year.
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So there is a policy parties set from the top, but I think a lot of the specific technical and scientific problems are still figured out and work out from the bottom.
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Differences with the West, I would say the development and the safety of embodied AI, right?
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Um that is AI interacting with the real world, useful objects, that clearly gets more attention in China.
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Um it's not as surprising in terms of what a deployment is.
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I'm just looking at some of the recent data where 60% of US AI firms are software only.
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In China, maybe you can have a guess, but that figure is closer to 25%.