chinese companies "hard fight" against the us department of defense
2024-09-11
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song jie, reporter of china economic weekly
hesai technology is not the first chinese company to put the u.s. department of defense on the dock, and it will not be the last.
according to a report by the financial times on august 13, the us department of defense has decided to remove hesai technology from the blacklist of chinese military enterprises because the pentagon believes that the world's largest manufacturer of electric vehicle laser sensors does not meet the statutory criteria for inclusion in the blacklist.
the british media commented that removing hesai technology from the "chinese military industrial enterprise" blacklist was an "embarrassing reversal" for the us department of defense, as the pentagon only included hesai technology on the list in january this year.
coincidentally, in early august this year, advanced micro-semiconductor equipment (shanghai) co., ltd. (hereinafter referred to as "amec") also announced that it would sue the us department of defense for being included in the "blacklist".
if amec's lawsuit can achieve the same outcome as hesai's, it will surely encourage more chinese companies to adopt similar methods to protect their own interests.
these lawsuits remind us of what happened three years ago when xiaomi bravely stood up and resolutely fought back against the unreasonable accusations made by the u.s. department of defense.
the so-called "chinese military companies list" (cmc list) unilaterally concocted by the us department of defense is undoubtedly an unreasonable suppression and discrimination against chinese companies.
faced with such injustice, more and more chinese companies are choosing to confront the problem head-on, which has also caused people to think deeply: how to safeguard rules and fairness on the international business stage?
(one)
against the backdrop of technological competition between china and the united states, the u.s. congress passed legislation in 2021 requiring the department of defense to compile a "list of chinese military enterprises" with the aim of strengthening scrutiny of chinese companies operating in the united states and possessing military-civilian integration technologies.
on january 31 this year, the us department of defense released a new batch of "cmc lists", maliciously accusing chinese companies on the list of being implementers of the "military-civilian integration" strategy. hesai technology and amec are both on this list. amec is on the list for the second time.
in may, hesai technology filed a lawsuit in the united states, strongly countering the accusations of the us department of defense. hesai technology said that four of the six charges against the us department of defense were violations of the federal administrative procedure act.
since then, things have taken a turn for the better. the financial times reported that people familiar with the decision to remove hesai technology revealed that us government lawyers were concerned that the reasons for blacklisting the company would not withstand legal scrutiny based on the criteria listed in the 2021 legislation.
this is not an isolated case. in mid-june this year, the us house of representatives passed a bill called the "countering chinese drones act," which targeted chinese drones and intended to impose sanctions.
time is the best witness. soon after, americans "suddenly" discovered that it was almost impossible to completely ban drones from china. some even commented that the us demand for chinese-made drones has "deepened into the bone marrow."
faced with this reality, the direction of us policy had to change quietly. in mid-july, when the revised us national defense authorization act was unveiled again, people were surprised to find that the discriminatory clauses against chinese drones had disappeared like morning mist.
(two)
suing the u.s. department of defense and challenging the u.s. "blacklist", who is hesai technology?
according to the prospectus, hesai technology was founded in shanghai in 2014 and is a global leader in autonomous driving and advanced driver assistance (adas) lidar, accounting for 37% of the global market share. among the top 10 international automakers with the highest revenue in the fortune global 500 list, 6 automakers or their joint venture partners have reached mass production cooperation with hesai. as of the second quarter of 2024, hesai has reached mass production cooperation with 19 domestic and foreign automakers for more than 70 models.
facing the "blacklist" of the us department of defense, hesai technology has shown a firm attitude and confidence. in a statement, hesai technology said that being included in the "blacklist" is unfair and wrong, and it is not expected to cause any significant disruption to the company's business.
the further outcome of this case will have to wait for further judgment in mid-to-late september. "we have not received any confirmation from the us department of defense yet, and we have no comment on this matter," hesai technology said.
in recent years, the united states has frequently used the "cmc list" to sanction relevant chinese technology companies, and this trend has become increasingly obvious. the unwarranted sanctions on hesai technology have had a serious impact on its business reputation. it is legitimate and necessary for hesai technology to actively take legal measures to safeguard its own rights and interests through litigation. the courage and determination of hesai technology in the face of unreasonable sanctions from other countries has also set an example for other companies that may suffer similar experiences.
whether it is a dji drone soaring into the sky or hesai technology's lidar scanning with precision, they are not just products, but also a symbol of chinese manufacturing breaking through technological barriers and climbing to the top of science and technology.
competition and cooperation have never been an either-or choice. in this era of deepening globalization, competition should not be an excuse to hinder cooperation, but a driving force for continuous progress on both sides. the success of many chinese companies in the international market is not only due to their leading technology, but also because they are willing to share technological achievements, promote technological exchanges, and grow together with global partners.
of course, in the face of malicious smears and unreasonable sanctions, chinese companies are not afraid of risks. the counter-suit against the u.s. department of defense by hesai technology, amec and others shows us the confidence of chinese companies that come from independent research and development and mastering core technologies, and also strengthens their courage to show their swords and defend their rights on the international stage.
editor: yang lin
