A photo shows WuXi AppTec in the Waigaoqiao Bonded Area of the Shanghai Free Trade Zone. Photo: VCG

Chinese biotechnology company WuXi AppTec said on Friday it had sued the US Department of Defense in a Washington federal court on Thursday local time, seeking to overturn the department’s decision to place it on its so-called Chinese military companies list.

In a voluntary announcement filed with the Hong Kong Stock Exchange, the company said it is asking the court to declare the Pentagon’s designation of WuXi AppTec as a so-called “Chinese Military Company,” or CMC, unlawful, void and without legal effect. It is also seeking to have the designation vacated and set aside, and to be removed from the Section 1260H list.

WuXi AppTec said the Pentagon’s decision to designate the company as a CMC under Section 1260H was “wrong,” lacked factual basis and was not supported by the legal standards required under applicable regulations and case law.

The legal action is aimed at protecting the interests of the company’s customers, partners, employees and shareholders, according to the company.

The move marks the latest response by a Chinese company to Washington’s expanded use of national security-related lists, which Chinese officials and companies have repeatedly criticized as discriminatory, unfounded and damaging to normal business operations.

The US Department of Defense released an updated Section 1260H list on Monday, identifying 188 entities as so-called “Chinese military companies,” including Alibaba, Tencent, BYD and WuXi AppTec.

A number of Chinese companies named on the list have issued statements rejecting the US designation. On Tuesday, WuXi AppTec said in an announcement that the US move “was clearly a mistake”, and that it will take immediate actions to challenge and correct this erroneous designation.

Founded in 2000, WuXi AppTec is a global pharmaceutical CRDMO providing integrated drug discovery, development and manufacturing services, spanning discovery, development, and manufacturing across Asia, Europe, and the US, according to the company’s website.

Asked to comment on the US decision to add more Chinese companies to its updated Section 1260H list, Chinese Foreign Ministry spokesperson Lin Jian said on Tuesday that China firmly opposes the US overstretching the concept of national security and formulating various types of discriminatory lists to go after Chinese businesses. “We urge the US to correct its wrongdoings, and stop the unwarranted suppression of Chinese businesses. China will do what is necessary to firmly protect their legitimate and lawful rights and interests,” Lin said.