A court filing has shown that Huawei instituted a lawsuit against the US commerce department for impounding some telecommunications equipment which was shipped to the US from China.
In the court document, Huawei disclosed that it had shipped telecommunications equipment from China, including a computer server and Ethernet switch, to a testing laboratory in California. When it was done with the testing, the equipment was shipped back to China. The company claimed in the lawsuit that no application for a license was made because none was needed. However, the equipment was confiscated by the US government and held in a facility in Alaska and no decision has been made about whether a license is required to ship it, the filing said.
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The suit which was instituted on Friday is challenging whether the telecommunications equipment is covered by the Export Administration Regulations (EAR). In general, the EAR governs whether a person may export a thing from the U.S., reexport the thing from a foreign country, or transfer a thing from one person to another in a foreign country. The EAR applies to physical things (sometimes referred to as “commodities”) as well as technology and software.
The Chinese tech giant is of the opinion that the equipment did not require a license because it did not fall into a controlled category and because it was made outside the United States and was being returned to the same country from which it came. Thus, the company is praying that equipment is either released for shipment or for the Commerce Department to decide that it was shipped illegally.
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(source)
