US Asks for Amended APO in Suit on Exporter's Addition to UFLPA Entity List

The U.S. asked for an amended protective order in a case brought by Chinese printer cartridge maker Ninestar Corp. to challenge its placement on the Uyghur Forced Labor Prevention Act Entity List. The request comes on the heels of Ninestar's request for the Court of International Trade to compel production of the confidential information used in the Forced Labor Enforcement Task Force's review of Ninestar (see 2310180025) (Ninestar Corp. v. United States, CIT # 23-00182).

The government said the exporter prematurely filed the motion to compel production of the entire record given that the U.S. plans to file a confidential version of the record, which will only have "limited redaction to protect the identity of a confidential source." At present, the government's record includes redaction of most of the review's confidential information.

The U.S. said it is "entitled to rely on privileged information" in making listing decisions, adding that the "imprudent release of information, particularly if it could identify confidential sources, could prove dangerous to those sources." As a result, any disclosure demands "significant scrutiny and extreme care," the brief said. As a result, the U.S. sought to amend the current protective order to "clarify the definition of confidential information to include law enforcement sensitive information or other similarly sensitive government information" and make clear that the confidential information cannot be shared with Ninestar. The exporter said it will oppose the motion and claims that the current protective order already has this limitation.

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 (see 2308230016).