New York, Feb 9 (efe-epa).- Chinese telecommunication giant Huawei on Monday filed a lawsuit in federal court against the US government to get Washington to rescind its determination that the firm constitutes a threat to national security and to allow it to sell billions of dollars worth of equipment in this country, including 5G technology.
The suit was filed on Monday with the New Orleans Fifth Circuit Court of Appeals and asks the Federal Communications Commission to withdraw its Dec. 11 declaration against Huawei, which the firm considers to be “arbitrary, capricious and an abuse of discretion,” meaning that the firm claims that the FCC exceeded its authority in issuing the declaration.
The Chinese multinational says that the FCC did not present “substantial evidence” to include it on the black list of entities constituting threats to US national security, adding that it was not allowed to defend itself before the new order was issued.
Huawei thus expanded its challenges to the numerous measures implemented by the administration of ex-President Donald Trump against the firm to deny it access to US technology and markets fearing that its presence and its overwhelming dominance in the 5G space places US national security at risk.
The firm is already involved in a dispute with the FCC regarding the commission’s 2019 decision to prohibit using federal funds to buy the firm’s products, thus preventing US companies from setting up wireless networks using Huawei equipment, or with the equipment of fellow Chinese company ZTE.
Huawei argues that it has no links with the Beijing government that could compromise the security of the communications networks.
In a communique issued on Tuesday, the FCC said that the designation of Huawei as a national security threat is based on a “substantial body of evidence developed by the FCC and numerous U.S. national security agencies,” adding that “We will continue to defend that decision.”
The lawsuit was filed shortly after Huawei founder Ren Zhengfei told reporters in China that he hopes that the administration of Joe Biden will be more open to policies “that are in the interest of US companies.”
Ren said that the firm wanted to be able to buy US components, parts and machinery, declaring that “the message is around joint development and shared success. The US wants to have economic growth and China wants to have economic growth as well.”
In her Senate confirmation hearing, Commerce Secretary Gina Raimondo did not clarify whether or not the Commerce Department will keep Huawei on the black list, that determination presently being under review.
Huawei’s cellular telephone business has been significantly affected by the US prohibitions on selling and acquiring components in this country.