U.S. export controls are blocking Huawei's access to evidence that it needs to prepare for its upcoming trial on racketeering, trade secret theft and other charges (see 2002130045), the Chinese technology company said in a court filing last week.
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
Chinese cartridge exporter Ninestar Corp. told the Court of International Trade in a July 26 reply brief that it's not attempting to "exhaust its remedies" before the Forced Labor Enforcement Task Force by requesting removal from the Uyghur Forced Labor Prevention Act Entity List. Responding to the government's bid to dismiss the case, Ninestar said it's merely asking FLETF to "take a new agency action, based on a different legal standard and a different evidentiary record" (Ninestar Corp. v. United States, CIT # 23-00182).
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The Court of International Trade on July 10 kept the vast majority of the confidential record shielded from the public in Chinese printer cartridge exporter Ninestar Corp.'s suit against its placement on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann only ordered an eight-page stretch of the confidential record unsealed, given that it detailed the Forced Labor Enforcement Task Force's "standard operating procedures."
The Court of International Trade on July 10 granted in part and denied in part Chinese printer cartridge exporter Ninestar Corp.'s motion to unseal and unredact the confidential record in the company's suit against its placement on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann kept most of the confidential information in the case from the public, save for an eight-page chunk of the confidential record, which describes the Forced Labor Enforcement Task Force's "standard operating procedures." Katzmann also kept most of the privileged information on the record away from Ninestar's counsel, with a few exceptions, on the grounds that, if revealed, the information would endanger a key informant.
Contradictory language in the Uyghur Forced Labor Prevention Act -- which says the government may list entities that source items from Xinjiang, but says that the rebuttable presumption only applies to goods "produced by an entity on a list" -- may result in more litigation over the entity list, trade mavens say.
A status report on Chinese steel exporter Ninestar’s request to be taken off the Uyghur Forced Labor Prevention Act Entity List (see 2404150051) is due on June 3, Court of International Trade Judge Gary Katzmann said in a May 8 scheduling order. Briefing on the exporter’s motion for judgment will remain stayed until further court order (Ninestar Corp. v. U.S., CIT # 23-00182).
Chinese nationals Han Li and Lin Chen were charged for their role in a conspiracy to illegally export controlled U.S. technology to Chinese end users, in violation of the International Emergency Economic Powers Act and Export Administration Regulations, the U.S. Attorney's Office for the Northern District of California announced.
Chinese exporter Ninestar Corp. will submit a delisting petition with the Forced Labor Enforcement Task Force to get off the Uyghur Forced Labor Prevention Act Entity List, the company told the Court of International Trade in an April 12 status report (Ninestar Corp. v. United States, CIT # 23-00182).