Kingtom Aluminio Asks CIT for Expedited Case in Suit on Forced Labor Finding
Dominican exporter Kingtom Aluminio asked the Court of International Trade to expedite its challenge to CBP's finding that the company makes aluminum extrusions using forced labor, arguing that there's a "very real possibility" the company will have to "cease operations and file for bankruptcy as a result of" the forced labor finding (Kingtom Aluminio v. United States, CIT # 24-00264).
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CBP made its finding last year that Kingtom was using forced labor in the Dominican Republic, then blocking shipments from the company from entering the U.S. (see 2412030017). The exporter sued, arguing that the decision wasn't backed by sufficient evidence or explanation (see 2412260036).
Kingtom argued that good cause warrants a speedy resolution of the matter, since the company faces financial ruin. The exporter said the embargo prevents it from "performing its contractual obligations on its sales to customers," adding that "[p]rotracted litigation" to challenge the finding "is not a realistic option to safeguard Kingtom's survival, as its business focuses almost exclusively on the U.S. market." The action will become "moot" if the company goes out of business, it said.
The exporter added that it "does not have revenue from third-country markets to cover its liabilities while this case is pending and is therefore likely to suffer bankruptcy if this action is not expedited." Without an expedited resolution of the case, Kingtom said, its position as a litigant in the matter is threatened.
Kingtom also argued that the "public interest weighs" in favor of a prompt resolution of the case "to ensure proper enforcement of the statute." In instances when an agency can wield its enforcement powers to "put a company out of business by denying its goods entry into the U.S. market," it should do so with "appropriate discretion" and in "observance of the proper procedure," the brief said.