Lawyers with Jones Day, which is representing the Chinese telecom giant Huawei, confirmed late Wednesday that the company is filing a petition for review after the Federal Communications Commission designated Huawei a national security threat.

The petition was filed Wednesday in the U.S. Court of Appeals for the Fifth Circuit because Huawei’s American base is in Texas, Jones Day partner Michael Carvin said. Huawei is asking the court to vacate the FCC rule, which prohibits small American carriers from using federal subsidies to purchase Huawei equipment.