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).
Latvian citizen Oleg Chistyakov was charged with violating U.S. export laws as part of a scheme to ship "sophisticated avionics equipment" to Russian companies, DOJ announced last week. The agency noted Chistyakov is the third person to be charged in connection to the scheme, which was led by Kansas company KanRus Trading Co.
The Court of International Trade in a March 25 confidential order granted motions to treat submissions from the U.S. and Chinese exporter Ninestar as highly sensitive documents in Ninestar's case contesting its placement on the Uyghur Forced Labor Prevention Act Entity List. The submissions pertained to the exporter's motion to unseal and unredact the record, which argued that the company needs access to the information in the proceeding to adequately defend itself (see 2403220035) (Ninestar Corp. v. United States, CIT # 23-00182).
Chinese exporter Ninestar Corp. on March 22 moved to treat its submission at the Court of International Trade in support of its motion to unseal and unredact the record as a "highly sensitive document" in its case contesting its listing on the Uyghur Forced Labor Prevention Act Entity List. The exporter said it doesn't waive any claim that certain parts of the record "should eventually be unsealed," nor does it waive any argument that its requested documents shouldn't be treated as confidential information under the court's protective order (Ninestar Corp. v. United States, CIT # 23-00182).
International Rights Advocates said the Court of International Trade's recent decision in Ninestar Corp. v. U.S. "highlights the unreasonableness of CBP's delay in issuing a [withhold release order] against imports of cocoa products made with forced child labor in Cote d'Ivoire" (International Rights Advocates v. U.S., CIT # 23-00165).
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The Court of International Trade in a decision made public Feb. 29 rejected Chinese printer cartridge exporter Ninestar Corp.'s motion for a preliminary injunction against its designation on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann said the company was unlikely to succeed on the merits of its claims, failed to show that it would suffer irreparable harm absent the injunction and that the balance of equities and public interest favored the government.