US Agrees to Let Ninestar Add Claims Against FLETF's Review of UFLPA Delisting Petition
The U.S. said on Sept. 17 it doesn't oppose Chinese exporter Ninestar's motion to amend its complaint in its case against its placement on the Uyghur Forced Labor Prevention Act Entity List, though the government said it "reserves its right to move to dismiss one or both additional counts" in the amended complaint (Ninestar Corp. v. United States, CIT # 23-00182).
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In August, Ninestar moved for leave to supplement its complaint to add two new counts: that the Forced Labor Enforcement Task Force "failed to adequately explain its decision on the removal request" and that the decision not to remove Ninestar from the list wasn't supported by substantial evidence. The exporter filed the motion after FLETF considered Ninestar's delisting petition.
Ninestar initially brought the case only to contest its placement on the UFLPA Entity List. The trade court then stayed the case while FLETF mulled the company's delisting petition in the first instance (see 2407300024). In July, the task force completed its review, and issued a four-sentence conclusion that denied the petition.
In a letter to the task force, Ninestar decried the review as conclusory and a failure to engage with "thousands of pages of information" submitted by the exporter (see 2506300049). The exporter then asked for permission to amend its complaint to add new counts related to the review.