House Digs Deeper Into Chinese-Owned Battery Company’s Rescinded Grant From Biden DOE

House Digs Deeper Into Chinese-Owned Battery Company’s Rescinded Grant From Biden DOE
A worker’s reflection on a mirror framing a lithium-ion battery production line at a plant in Huzhou, China, owned by Microvast Holdings, whose Texas-based subsidiary qualified to negotiate for a $200 million U.S. Department of Energy grant to build lithium batteries in the U.S. (Stringer/Reuters)
Nathan Worcester
6/22/2023
Updated:
6/22/2023
0:00

House Republicans have voiced concerns about the Biden administration’s energy-related spending, questioning a Department of Energy (DOE) official about how a Chinese-owned battery manufacturer was on pace to get hundreds of millions in taxpayer money before the Biden administration rescinded the money in May.

That company, Microvast, somehow qualified for a $200 million grant to build a battery separator facility in Tennessee as part of spending doled out through the 2021 Bipartisan Infrastructure Law (BIL).
The Department of Energy announced the decision in October 2022 as part of $2.8 billion in what its announcement repeatedly described as “funded projects” for the U.S. battery sector.

Energy Secretary Jennifer Granholm said the money would “supercharge the private sector to ensure our clean energy future is American-made.”

“Shortly after the announcement, Microvast’s association with the Chinese Communist Party became apparent,” Rep. Morgan Griffith (R-Va.) said in his opening statement at the June 21 hearing.

Rep. Morgan Griffith (R-Va.) asks questions during a hearing in Washington on May 14, 2020. (Greg Nash/Pool/Getty Images)
Rep. Morgan Griffith (R-Va.) asks questions during a hearing in Washington on May 14, 2020. (Greg Nash/Pool/Getty Images)

“According to Microvast’s own SEC [Securities and Exchange Commission] filings, the government—referring to the People’s Republic of China—‘exerts substantial influence over the manner in which we must conduct our business activities, and may intervene at any time with no notice,’” Griffith continued.

“Uncertainties with respect to the PRC legal system could limit the legal protections available to you and us,” that same filing states. It also describes the firm’s receipt of Chinese government subsidies and states that “most of [Microvast’s] current customers” are in China.

Obama Commerce Department Official Appears in Filing

Stefan M. Selig, U.S. under secretary of commerce for international trade. (U.S. Department of Commerce)
Stefan M. Selig, U.S. under secretary of commerce for international trade. (U.S. Department of Commerce)

Another notable name that crops up in the filing is Stefan M. Selig, who was a member of the board of Tuscan Holdings Corp., a blank check company that entered a business combination with Microvast.

Selig served as undersecretary of commerce for international trade at the U.S. Department of Commerce under President Barack Obama, where he described the Trans-Pacific Partnership arrangement as “a win for American businesses and workers.”
When President Donald Trump took office, he removed the United States from that trade deal soon after his inauguration in 2017, saying he preferred bilateral trade deals over regional or multilateral agreements.

Pressure Mounted Over Chinese Battery Firm

December 2022 reporting in the Washington Free Beacon helped draw attention to Microvast’s close ties to China.
Soon, pressure began to come from top lawmakers, including Sen. John Barrasso (R-Wyo.).
In a Dec. 7, 2022, letter to Energy Secretary Jennifer Granholm, Barrasso explained his concerns about Microvast.

One big issue was already evident to the federal SEC, thanks to a 2020 law that sailed through the House and Senate with unanimous votes before being signed by Trump: the Holding Foreign Companies Accountable Act (HFCAA).

“Before Microvast received its grant from DOE, it was listed by the SEC in May of 2022 as a company not in compliance with the [HFCAA]. This law is intended to prevent companies that employ China-based auditors, as does Microvast, from obscuring their financial records from U.S. regulators,” Barrasso wrote.

In an April 2022 statement issued after that move by the SEC, Microvast described the HFCAA as “part of a continued United States regulatory focus on access to audit and other information currently protected by laws in jurisdictions outside of the United States (in particular, China).”
Earlier this year, Barrasso, Sen. Joe Manchin (D-W.Va.), and others questioned DOE Deputy Secretary David Turk about the money then apparently destined for Microvast.
Sen. John Barrasso (R-Wyo.) speaks during a hearing in Washington on Feb. 24, 2021. (Sarah Silbiger/Pool Photo via AP)
Sen. John Barrasso (R-Wyo.) speaks during a hearing in Washington on Feb. 24, 2021. (Sarah Silbiger/Pool Photo via AP)

Although the DOE’s October 2022 announcement spoke rather definitively of “funded projects,” using the word “will” rather than “may” or “might,” Turk told the senators in February this year that the firm was merely “selected to negotiate an award.”

“There are no taxpayer funds going to Microvast or to any of the other 20 companies [announced last year] right now,” he said.

In another letter to Turk sent several weeks later, Barrasso questioned Turk on what he characterized as “misleading claims” in the earlier funding announcements.

“Companies and investors clearly believe award negotiations are a formality. They believe the Department’s award announcements are meaningful, as is evident by looking at the share prices of publicly traded companies selected for awards. Of the twenty companies selected for awards, share prices of those that were publicly traded averaged an increase of almost 14% between the day before and day of the Department’s respective award announcement,” the Wyoming lawmaker’s letter states.

On May 22, the DOE announced that Microvast wouldn’t be getting any money.

“The company was selected for an award and going through contract award negotiations. No money has gone out the door. It would be inaccurate to say ‘DOE canceled a grant’ or that ‘DOE pulled back an award’ as no award has been provided,” the DOE told The Epoch Times at the time.

The decision came just a day before a May 23 House hearing probing the flow of public money to what Griffith and Rep. Cathy McMorris Rodgers (R-Wash.) characterized as “shell companies with deep ties to the Chinese Communist Party.”

Rep. Cathy McMorris Rodgers (R-Wash.) attends a House hearing on Capitol Hill on April 2, 2019. (Zach Gibson/Getty Images)
Rep. Cathy McMorris Rodgers (R-Wash.) attends a House hearing on Capitol Hill on April 2, 2019. (Zach Gibson/Getty Images)
The DOE declined to send a witness and didn’t clarify why, according to Republican lawmakers’ announcement of the June 21 hearing.

As federal agencies are under increased scrutiny from a divided Congress, there have been several instances of their noncompliance with congressional requests.

The Environmental Protection Agency didn’t send a witness to a May 17 House hearing on its April vehicle tailpipe emissions proposals.

At a June 21 hearing on the same theme, EPA official Joseph Goffman blamed his absence on scheduling. Yet Goffman’s official calendar is blank for May 17, the date of the previous hearing—a discrepancy on which The Epoch Times has sought comment from the EPA.

When Rep. Pat Fallon (R-Texas) asked Goffman what took priority over a House hearing, the bureaucrat dodged the question.

“Let me assure you, Mr. Chairman, that I am pleased to be here today,” he told the lawmaker.

‘In-Depth Vetting’ Comes Late

At the June 21 hearing on Microvast, Griffith and his colleagues questioned David Howell, principal deputy director of the DOE’s Office of Manufacturing and Energy Supply Chains.

The Virginian asked Howell how companies are vetted by the DOE for funding.

The DOE official said “detailed negotiations are started” over BIL grants after selections are made.

“Most of us did not understand that, because it appeared from the press statements that these people were awardees,” Griffith said.

“The in-depth vetting began the day after those announcements,” Howell said, before stating that previous “in-depth vetting” of the applicants focused on “technical capacity and capabilities of the companies.”

Griffith pressed Howell on the official’s assertion that Microvast is “a majority-U.S. owned company.”

“If they’re majority U.S.-owned ... why would they say that they could be stopped or change course because of what the government said in China?” he asked.

“Simply because Microvast’s major production operations are in China,” Howell answered.

“All of the other companies that you vetted do not have that problem?” Griffith asked.

“That is correct,” Howell responded.

Microvast was seeking a $200 million grant to build EV batteries at this General Motors plant in Spring Hill, Tennessee. (Harrison McClary/Reuters)
Microvast was seeking a $200 million grant to build EV batteries at this General Motors plant in Spring Hill, Tennessee. (Harrison McClary/Reuters)

Rep. Kathy Castor (D-Fla.) asked how Howell has since enhanced the process of vetting companies for awards.

The deputy director drew attention to the language on “foreign entities of concern” in the BIL, saying it was “actually the first time that the Department of Energy actually received that type of language in appropriation.”

Castor appeared to defend Microvast, calling it “a U.S. company” with an owner who is “a U.S. citizen, as far as I know.”

“I’m sure there are a lot of American companies that are doing business in China that are not arms of the Chinese Communist Party,” she said.

John Haughey contributed to this report.
Nathan Worcester covers national politics for The Epoch Times and has also focused on energy and the environment. Nathan has written about everything from fusion energy and ESG to Biden's classified documents and international conservative politics. He lives and works in Chicago. Nathan can be reached at [email protected].
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