DJI is still marked as a “Chinese military company” by the US Department of Defense. Now, the drone giant is appealing the court decision

(Image credit: Future)

Drone giant DJI has filed an appeal against a US District Court’s opinion that continued to designate the company as a “Chinese Military Company” by the US Department of Defense. On October 13, DJI announced that it has filed an appeal against the district court’s decision last month in DJI vs. US Department of Defense.

DJI has been listed on a US Department of Defense blacklist that prevents the drones from being used by federal employees since 2022. Last month, a District of Columbia District Court upheld the list, despite only agreeing with two of the Department of Defense’s assertions.

In those two assertions, the court agreed that DJI does hold National Enterprise Technology Center Status, a title that China bestows on top tech companies. The court also agreed that DJI has “substantial dual use applications,” or, in other words, the company’s drones can be misused in military scenarios.

“We respect the Court’s process but are disappointed that the designation remains in place despite findings that reject the core of the DoD’s allegations,” Adam Welsh, spokesperson for DJI, said. “We will continue to defend the integrity of our company as the findings reaffirm what we have maintained all along — that DJI operates independently, has no government or military affiliation, and is committed to the responsible development of drone technology.”

A court date for the appeal has not yet been announced.

DJI has long denounced the use of its commercially available drones for military use and has repeatedly said that it does not, nor has it ever, designed drones for military use.

According to 2023 research, both Russia and Ukraine have used modified, commercially available drones on both sides of the war. DJI stopped selling drones in both Russia and Ukraine in April 2022 and said it would take action against third-party sellers that violated its policy and continued to sell in the regions.

The DoD list that prevents federal employees from using DJI products isn’t the only conflict the drone giant faces as tension between the US and China increases. DJI’s consumer drones have been out of stock in the US for months, an issue that DJI describes as a “customs misunderstanding.”

According to DJI, US Customs has prevented the import of DJI products under the Uyghur Forced Labor Prevention Law, legislation that means Customs officials assume products made in Xinjiang, China are made with forced labor. DJI says that it does not manufacture anything nor source materials from the region.

At the same time, DJI is facing a potential FCC ban, which would prevent the sale of any new DJI drones or products with wireless communication if it does not pass a government-mandated review before a December deadline. While DJI has welcomed the review, it has expressed concern multiple times that the review process hasn’t started yet, and the law failed to spell out what would happen if the security review did not take place in time.

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