Chinese tech giant Huawei Technologies Co (華為) is asking a US federal court to throw out a rule that bars rural telecom carriers from using government money to purchase its equipment on security grounds.
The lawsuit announced yesterday is Huawei’s second legal challenge this year to the efforts of US President Donald Trump’s administration to reduce its already minimal US market presence.
The company is scrambling to preserve its global sales of smartphones and network gear following sanctions announced in May that limit access to US components and technology.
Huawei, which says it is employee-owned and has no government ties, denies US accusations it is a security risk and might facilitate Chinese spying.
Huawei is at the center of US-Chinese tension over Beijing’s technology ambitions and complaints the communist government steals or pressures foreign companies to hand over know-how.
Huawei’s lawsuit in the US Court of Appeals for the Fifth Circuit in Louisiana says the US Federal Communications Commission (FCC) acted improperly when it voted last month to bar rural carriers from using government subsidies to buy equipment from Huawei or its Chinese rival, ZTE Corp (中興).
The decision “is based on politics, not security,” Huawei chief legal officer Song Liuping (宋柳平) told a news conference.
The lawsuit says the FCC exceeded its authority by making national security judgments, designated Huawei a threat without evidence and violated its own procedures by adopting a rule without citing a legal basis.
US courts have traditionally been reluctant to second-guess government judgements about national security.
In a separate lawsuit filed in March, Huawei is asking the US District Court in the Eastern District of Texas to strike down a ban on the US government using its equipment or dealing with any contractor that does.
Meanwhile, US prosecutors are trying to extradite Huawei chief financial officer Meng Wangzhou (孟晚舟) from Canada to face charges she lied to banks about dealings with Iran.
Huawei said the FCC rule would hurt US rural carriers, which buy the Chinese vendor’s equipment because other major suppliers, such as Nokia Oyj and Ericsson AB, are more expensive.
While potential lost sales are minimal, if the rule is allowed to stand, Huawei might suffer “reputational losses” that would “have a further impact on our business,” Huawei said.
Huawei’s US sales plunged after a US congressional panel warned in 2012 that the company and ZTE were security risks and told carriers to avoid them.
However, its sales in Europe and developing markets in Asia and Africa have risen steadily.
Huawei earlier reported its global sales rose 24.4 percent in the first nine months of this year over a year earlier to 610.8 billion yuan (US$86 billion).
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