Ninestar Corp. v. United States, in which the court upheld a "reasonable cause" standard of review for FLETF's listing decisions.

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UFLPA Entity List Litigation

Under the Uyghur Forced Labor Prevention Act (UFLPA), the Forced Labor Enforcement Task Force (FLETF) will add companies to an Entity List if it suspects they are exporting products made with forced labor in China's Xinjiang region. Listed companies can appeal the decision before FLETF, and if that appeal is denied, they can challenge their listing at the Court of International Trade. Given the recency of UFLPA, very few cases have made their way to the trade court, though the early cases on this new statutory tool raise important questions of due process and FLETF's standard of review when adding companies to the Entity List. Guiding current litigation is CIT's key decision in Ninestar Corp. v. United States, in which the court upheld a "reasonable cause" standard of review for FLETF's listing decisions.

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US Defends Redaction of Info on Informant in UFLPA Entity List Case
January 11, 2024 by Jacob Kopnick|Top News

The U.S. defended its right not to turn over parts of the administrative record in a case on the decision to add exporter Ninestar Corp. to the Uyghur Forced Labor Prevention Act Entity List, saying that the record is protected by the "informer's privilege" or is "law-enforcement sensitive" (Ninestar Corp. v. U.S., CIT # 23-00182).

Topics:Uyghur Forced Labor Prevention Act (UFLPA), UFLPA Entity List Litigation
US Defends Evidentiary Standard in Making UFLPA Entity List Additions at Trade Court
January 5, 2024 by Jacob Kopnick|Top News

A less stringent "reasonable cause" standard for adding companies to the Uyghur Forced Labor Prevention Act Entity List is justified on statutory and policy grounds, the U.S. told the Court of International Trade in a brief opposing Chinese exporter Ninestar Corp.'s motion for a preliminary injunction. Using a higher standard, such as a preponderance of the evidence standard, for making listing decisions, would undermine the UFLPA's goal of placing a burden on exporters to show that their goods are not made with forced labor (Ninestar Corp. v. U.S., CIT # 23-00182).

Topics:Court of International Trade activity, Uyghur Forced Labor Prevention Act (UFLPA), UFLPA Entity List Litigation