Huawei asks u.s. court to declare the defense bill ‘unconstitutional’

HONG KONG (Reuters) – China’s Huawei Technologies Co Ltd has filed a motion for a summary judgment in the lawsuit against the U.S. government, according to a court filing in the United States, in the telecom-equipment maker’s latest attempt to fight sanctions from Washington, which threatens to push it out of the global markets.

Huawei’s Chief Legal Officer Song Liuping attends a press conference on the Huawei’s of the ongoing legal proceedings against the U.S. government the National Defense Authorization Act (NDAA) action at the head office in Shenzhen, Guangdong province, China May 29, 2019. REUTERS/Jason Lee

The motion, filed late Tuesday in U. S. District Court for the Eastern District of Texas, asking it to declare the 2019 National Defense Authorization Act (NDAA) is unconstitutional in an update of the lawsuit brought by the telecommunications-equipment maker, in March.

The NDAA bill, passed into law by the U.S. Congress last summer, places a broad prohibition on federal agencies and their contractors from the use of Huawei equipment on national security grounds, indicating the company has ties with the Chinese government.

Huawei has repeatedly denied it is controlled by the Chinese government, army or security services.

The largest telecom network gear-maker has been confronted with an even larger penalties if the U. S. commerce department on May 16, set the company on a trade blacklist which doesn’t allow companies to do business with Huawei, in a move that immediately disrupted the global tech sector.

The ban comes amid an escalating trade dispute between the two largest economies.

Huawei, which has a 90-day deferral of the ban, has denied that its products pose a threat to the security and said Washington is trying to limit her activities.

Song Liuping, Huawei’s chief legal officer, wrote in the Wall Street Journal on Monday that the law is a violation of due process if it “directly and permanently apply to Huawei without opportunity for rebuttal or escape”.

“This is the tyranny of” trial by legislature ” that the U.S. Constitution prohibits,” Song wrote.

(This story refiles to add more topic codes and drop unnecessary words in the second paragraph)

Reporting by Sijia Jiang; Additional reporting by Rishika Chatterjee; Editing by Christopher Cushing and Sherry Jacob-Phillips

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