Huawei asks court to throw out ban on federal agencies buying products

Huawei claims US move to put it on trade blacklist ‘sets a dangerous precedent’ as it launches legal bid to overturn law which bans federal agencies buying its products

  • Huawei claimed US Congress did not provide evidence to support restrictions
  • Legal officer Song Liuping hopes the ban will be declared ‘unconstitutional’
  • The tech giant has become the world leader in telecom networking equipment
  • The 5G market is believed to be the future of high-speed telecommunications
  • China and the US are involved in a trade dispute and tariff war since last July 

Huawei has today filed a request asking a US court to throw out a legislation that bars federal agencies from buying its products.

Song Liuping, the firm’s legal officer, said the company was due to file the motion for summary judgment on Tuesday.

The company is asking the US to scrap section 889 of the National Defense Authorization Act, which prohibits executive government agencies from procuring equipment from Huawei and its rival ZTE.

The US Congress imposed some restrictions on the use of Huawei’s products after warning the company might be manipulated by Beijing to spy on other countries

Both companies are explicitly name in the act.

‘The bill directly determines that Huawei is guilty and imposed a large number of restrictions on Huawei,’ Mr Song said.

The tech giant filed a suit against the US bill in March, claiming the US Congress had failed to provide evidence to support its restrictions on Huawei products.

The motion for summary judgment filed by Huawei aims to seek a judge’s decision without going through a full trial.   

‘It is hoped that the US courts will declare the Huawei ban unconstitutional and prohibit its enforcement,’ Mr Song said.

‘Politicians in the US are using the strength of an entire nation to come after a private company,’ he added. ‘This is not normal.’ 

He also said the ‘state-sanctioned campaign’ against the company will not improve cyber security. 

Mr Song said the US is setting a ‘dangerous precedent’.

‘Today it’s telecoms and Huawei,’ he said. ‘Tomorrow it could be your industry, your company, your consumers.’

Huawei is also facing a broader US executive order preventing the use of its products in the United States and an action to blacklist the company, though a 90-day reprieve was issued. 

Huawei’s chief legal officer Song Liuping, pictured, said the bill imposed by the United States ‘imposed a large number of restrictions’ on the company

Washington is urging nations to shun Huawei in 5G networks after warning that their systems could be manipulated by Beijing to spy on other countries.

The US and China are involved in a trade dispute and tariff war that began last July, after Donald Trump complained that China steals from or pressures foreign companies to hand over technology while unfairly subsidizing Chinese businesses.

The most recent round of negotiations earlier this month ended with no agreement, after Mr Trump more than doubled duties on $200 billion (£158bn) in Chinese imports.

A trade dispute and tariff war between the US and China began last July following complaints from Donald Trump (pictured)

China responded by raising tariffs of 5 percent to 25 percent on $60 billion (£47.4bn) worth of American goods.

Huawei has become the world leader in telecom networking equipment and one of the top smartphone manufacturers alongside Samsung and Apple.

The firm is battling in US courts to prevent exclusion from the 5G market, which is believed to be the future of high-speed telecommunications.  

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