Slightly OT: While Musk tries to tame the bird

While Elon Musk gets distracted from Tesla with his plans to make Twitter fly, a Vietnamese competitor, Vinfast, just shipped its first 999 eSUVs to the US.
In Sept, the company had said it planned to ship 5000 cars this month -about 20% down, 80% to go

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Is the company actually Vietnamese or a Chinese company manufacturing in Vietnam?

That might change how the US government later reacts.

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The Vinfast CEO and founder is Pham Nhat Vuong, Here is a bio–

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Hold your horses…you do not know yet what is going on with the EV tax credit.

You know how much overall but that MIGHT be all you know.

The secretaries of Transportation and Energy get to decide or stipulate how it is applied yet. I can not find that they have stipulated anything yet for 2023.

This MIGHT only mean for the sake of getting the IRA through congress the issue of union built was dropped till a later date.

Section 48 C and other Sections seem to be determined later. This is a common government practice.

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=26-USC-2047864724-417357035&term_occur=999&term_src=title:26:subtitle:A:chapter:1:subchapter:A:part:IV:subpart:E:section:48C

qualifying advanced energy project

(1) Qualifying advanced energy project (A) In general The term “qualifying advanced energy project” means a project, any portion of the qualified investment of which is certified by the Secretary under subsection (e) as eligible for a credit under this section— (i) which re-equips, expands, or establishes an industrial or manufacturing facility for the production or recycling of— (I) property designed to be used to produce energy from the sun, water, wind, geothermal deposits (within the meaning of section 613(e)(2) ), or other renewable resources, (II) fuel cells, microturbines, or energy storage systems and components, (III) electric grid modernization equipment or components, (IV) property designed to capture, remove, use, or sequester carbon oxide emissions, (V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is— (aa) renewable, or (bb) low-carbon and low-emission, (VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), (VII) light-, medium-, or heavy-duty electric or fuel cell vehicles, as well as— (aa) technologies, components, or materials for such vehicles, and (bb) associated charging or refueling infrastructure, (VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or (IX) other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary, (ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce greenhouse gas emissions by at least 20 percent through the installation of— (I) low- or zero-carbon process heat systems, (II) carbon capture, transport, utilization and storage systems, (III) energy efficiency and reduction in waste from industrial processes, or (IV) any other industrial technology designed to reduce greenhouse gas emissions, as determined by the Secretary, or (iii) which re-equips, expands, or establishes an industrial facility for the processing, refining, or recycling of critical materials (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ) . (B) Exception Such term shall not include any portion of a project for the production of any property which is used in the refining or blending of any transportation fuel (other than renewable fuels).

My comment the nature of the unionized shops GM and F are such that they will meet this criteria. Tesla hopes to meet these criteria from what I read concerning percentages made in the US. How open the law is to the secretaries demanding unions is not clear. But the law is open to the secretaries making decisions. I do not know the legal framework for administrative law.

adding…well here is an important part of the answer…

What are APA regulations?

What are the three main powers given to agencies?

Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.