Nvidia Must Accept Strict Licensing Terms for H200 AI Chip Sales to China, Lutnick Says

Reviewed byNidhi Govil

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Commerce Secretary Howard Lutnick stated that Nvidia must comply with non-negotiable licensing terms for selling H200 AI chips to China, including Know-Your-Customer requirements to prevent military access. The chipmaker has not yet agreed to all proposed conditions, delaying shipments despite Trump administration approval. Chinese firms are turning to black-market hardware and domestic alternatives amid the uncertainty.

Nvidia Faces Non-Negotiable Licensing Terms for AI Chip Sales to China

Commerce Department Secretary Howard Lutnick delivered a firm message to Nvidia during a Tuesday hearing: the company must comply with detailed licensing terms for selling its H200 AI chips to China, with no room for negotiation. "The license terms are very detailed. They've been worked out together with the State Department, and those terms Nvidia must live with," Lutnick stated

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. When questioned about trusting Chinese entities to abide by restrictions on the H200 AI chips, Lutnick deferred to President Donald Trump, emphasizing that the complex U.S.-China relationship remains under presidential oversight

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Source: ET

Source: ET

This announcement comes as Nvidia CEO Jensen Huang finally secured what he spent months lobbying for: authorization from the US government to sell the company's workhorse artificial intelligence chip to China

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. The move followed a trade truce between Presidents Trump and Xi Jinping in South Korea last October, which included a U.S. pledge to postpone export restrictions by a year

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Know-Your-Customer Requirement Creates Implementation Challenges

Despite the Trump administration's willingness to allow companies like ByteDance to purchase Nvidia's H200 chips, the chipmaker has not agreed to proposed conditions for their use, according to sources familiar with the matter

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. The primary sticking point involves the Know-Your-Customer requirement, designed to ensure China's military does not access the chips and prevent unauthorized remote access by entities in Iran, Cuba, Venezuela, and other countries of concern.

Nvidia pushed back against characterizations that it was rejecting these terms. "We aren't able to accept or reject license conditions on our own," a company spokesperson explained. "Although KYC is important, KYC is not the issue. For American industry to make any sales, the conditions need to be commercially practical, else the market will continue to move to foreign alternatives"

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. The company positioned itself as an intermediary between the US government and potential customers who must comply with export restrictions.

Source: ET

Source: ET

Geopolitical Implications and National Security Concerns

The regulatory framework reflects ongoing national security concerns about high-performance semiconductors reaching China. Export controls were initially imposed during Trump's first presidency and upheld by Joe Biden, with policymakers worried that AI chips powering services like ChatGPT could accelerate development of China's nuclear weapon systems, military intelligence, and cyberwarfare capabilities

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. Export restrictions have effectively blocked Nvidia and rival Advanced Micro Devices from supplying their best products to Chinese customers.

Source: Bloomberg

Source: Bloomberg

The US government will allow H200 exports to approved Chinese customers selected on a case-by-case basis, with the federal government receiving a 25% cut of the revenue under the framework

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. Before chips can ship to China, a U.S. third-party lab must test them to ensure they meet specifications, a requirement viewed as a mechanism for collecting the 25% fee

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Chinese Market Opportunity and Competition from Domestic Alternatives

China represents a massive opportunity for Nvidia, accounting for $229 billion in annual chip revenue—a third of the industry total—in 2024. Jensen Huang expects Chinese companies will spend $50 billion annually on AI chips alone within two to three years

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. However, the delays have created openings for competitors. China has granted preliminary approval to three major tech companies—ByteDance, Tencent, and Alibaba—along with AI startup Deepseek to import the chips, though regulatory conditions are still being finalized

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As uncertainty persists, Chinese AI firms have resorted to purchasing black-market hardware or lower-performing domestic alternatives such as Huawei's Ascend series. Resellers reported that black-market servers with 8 H200 GPUs now command a 50% price premium

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. By forcing China's army of AI developers to seek alternatives, export restrictions have energized China's efforts to create an AI chip ecosystem that could ultimately threaten Nvidia's leadership, with Chinese rivals like Huawei Technologies and Cambricon Technologies gaining ground

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What Lies Ahead for Nvidia and the Tech War

The H200, first unveiled in 2023 and launched in the second quarter of 2024, has since been superseded by the Blackwell B200 and now the Rubin, set to go on sale this year. The US continues depriving China of Nvidia's leading-edge chips, though the H200's Hopper design remains a major component of global data centers and is regarded as more capable than anything Chinese rivals can offer

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Orders from Chinese customers have far exceeded available stock, prompting Nvidia to scale up chip production in the second quarter of 2026

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. At least some chips are likely to reach China by the time Trump plans to meet with Chinese President Xi Jinping in April

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. Yet the situation remains fraught, with suspicion of China running deep in Washington. The administration could quickly reinstate the H200 ban if Beijing uses the powerful chip for military purposes or if Trump changes his mind

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. The Commerce Department's stance, articulated through Howard Lutnick, makes clear that Nvidia's path back into China will be tightly controlled, with the State Department and other agencies maintaining oversight of every aspect of the supply chain.

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