Chinese telecoms equipment maker Huawei sues U.S. government, saying ban on its equipment is unconstitutional by SijiaJ JanNWolfe
HONG KONG/WASHINGTON - Chinese telecoms equipment maker Huawei Technologies sued the U.S. government on Thursday saying a law limiting its U.S. business was unconstitutional, ratcheting up its fight back against a government bent on closing it out of global markets.
The lawsuit marks the latest confrontation between China and the United States, which spent most of 2018 slapping import tariffs on billions of dollars worth of each other’s goods. The year ended with the arrest of Huawei’s chief financial officer in Canada at U.S. request, to the consternation of China.
“This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming U.S. consumers. We look forward to the court’s verdict.” The privately owned firm has embarked on a public relations and legal offensive as Washington lobbies allies to abandon Huawei when building 5G networks, centering on a 2017 Chinese law requiring companies cooperate with national intelligence work.
The lawsuit also alleges that Huawei has been denied due process and that Congress, by stripping Huawei of commercial opportunities, has violated the “separation of powers” portion of the constitution by doing the work of the courts.Some legal experts, however, said Huawei’s lawsuit is likely to be dismissed because U.S. courts are reluctant to second-guess national security determinations by other branches of government.
The Texas court hearing Huawei’s case will not be bound by that decision, but will likely adopt its reasoning because of similarities in the two disputes, said Steven Schwinn, a professor at the John Marshall Law School in Chicago.Huawei’s chief legal officer, Song Liuping, said the two cases were different in terms of evidence and scope, and that the Chinese firm’s case had “full merits”.
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