Huawei asks USA court to deem defence bill unconstitutional

Huawei P30

Huawei P30

Congress thus acted unconstitutionally when it "adjudicated Huawei's guilt and blacklisted it", the motion argues.

The case relates to restrictions that prevent USA federal agencies from using Huawei products. Huawei hopes a summary judgement will speed up the process of stopping "illegal action against the company". "This is not normal". Something "almost never seen in history". The article, signed by Song Liuping, Huawei chief legal officer, says the US government ban violates the US Constitutional provision against any "bill of attainder" - a law punishing a person or group without trial.

"There is no gun, no smoke - only speculation", he said today.

The US government's move of blacklisting Huawei two weeks ago, which effectively bans US suppliers from doing business with Huawei without government approvals, "set a unsafe precedent", Song added.

In a motion filed late Tuesday in eastern Texas federal court, Huawei argues for summary judgment in the case in filed in March against the us government. And it escalated the stakes this month by putting the Chinese telecom giant Huawei on a blacklist that effectively bars USA companies from supplying it with computer chips, software and other components without government approval.

Huawei is one of the world's biggest makers of telecommunications equipment and a leader in cutting edge 5G mobile technology. This came from now under-fire Chinese company's chief legal officer Song Liuping earlier today during a briefing held for media in Huawei's Shenzhen headquarters.

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"Based on the philosophy of "In Korea and for Korea" and the strength of its own 5G network, Huawei will build a 5G ecosystem through cooperation with a number of South Korean ICT companies and especially small-and-medium enterprises", Huawei's Korea office said in a statement.

According to Yahoo Finance, FedEx posted the apology Tuesday morning, saying that the Huawei packages "were inadvertently misrouted" to the United States.

O'Brien says the U.S. government's motivations are more linked to "trade and geopolitical competitiveness than actual security". With partners turning away from them in order to comply with the ban, the future of the company is at stake.

A hearing is scheduled for September 19 at the Eastern District of Texas.

Huawei is seeking to secure a continuous component supply because it's now under a USA export ban.

However, while the intention is to hobble China's tech dominance, some United States corporates are likely to be collateral damage.

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The law "is meant to drive Huawei out of the US - i.e., to banish it", Nager argued. While Mr Song said he was not, Mr Pang replied: "I wonder why there is interest in my individual political affiliation because I don't think it matters to the company's business operations".

"It's possible that Huawei even would be included in some kind of a trade deal". China responded by raising tariffs of 5% to 25% on $60 billion worth of American goods.

Washington's clampdown on Huawei is part of a wider conflict simmering between the USA and China. But he believes that China is unlikely to yield. The company was eventually allowed to resume business stateside after a $1bn fine, management shake up and installing a compliance team.

Huawei's smartphone sales grew in all regions and the company did particularly well in the European market, with sales up 69 percent.

In response, Huawei has engaged in a public relations blitz, rolling out its executives and founder Ren Zhengfei to give interviews to the media.

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