US Opposes UFLPA Entity List Company's Bid for PI Motion to Precede Motion to Dismiss

The U.S. opposed an expedited briefing schedule from Chinese printer cartridge manufacturer Ninestar Corp. in the company's case against its placement on the Uyghur Forced Labor Prevention Act Entity List. Ninestar's motion would hold the government's motion to dismiss in abeyance pending resolution of the company's bid for a preliminary injunction. The U.S. said "it is reversible error for the Court to delay consideration of its jurisdiction until after ruling on the motion for a preliminary injunction" (Ninestar Corp. v. United States, CIT # 23-00182).

The bid to hold the motion to dismiss in abeyance "contravenes this well-settled law and could potentially result in the Court entering a 'drastic and extraordinary remedy[,]'" by way of an injunction in a case in which it doesn't have any jurisdiction, the government said. Ninestar claimed the court didn't need to postpone ruling on the injunction to accommodate the dismissal motion since they present "distinct legal standards."

"This argument misses the mark," since the question of the complaint's sufficiency only relates to the motion to dismiss for failure to state a claim and not on the motion to dismiss for lack of subject matter jurisdiction, the U.S. said. In addition, there is no case law permitting the court to enter a preliminary injunction without first considering jurisdiction. Should Ninestar want an expedited schedule for the injunction, the government said it doesn't object, though it only asks for "reasonable time to file its reply brief in support of its pending motion to dismiss."

Ninestar filed its case in the trade court in August, contending the court should vacate the listing decision given that the Forced Labor Enforcement Task Force (FLETF) failed to offer any "reasoned explanation" for its decision (see 2308230016). The Chinese company, and its subsidiaries, produce and sell laser printers, integrated circuit chips and printer consumables, including toner and inkjet cartridges, many of which are imported into the U.S. FLETF added the companies to the UFLPA Entity List in June for allegedly working with the Xinjiang government to reap the benefits of forced labor by Uyghurs, Kazakhs, Kyrygyz or members of other persecuted groups in Xinjiang.