CIT Denies US Motion to Dismiss in Ninestar's UFLPA Entity List Suit

The Court of International Trade on Dec. 8 denied the government's motion to dismiss Chinese printer cartridge exporter Ninestar's suit against its placement on the Uyghur Forced Labor Prevention Act Entity List following a court order finding that CIT has the jurisdiction to hear challenges to inclusion on the UFLPA Entity List. Judge Gary Katzmann said the motion was moot, denying it without prejudice to a renewed motion to dismiss after Ninestar's filing of its amended complaint (Ninestar Corp. v. United States, CIT # 23-00182).

In the order, Katzmann also laid out the briefing schedule for the case. Next is Ninestar's supplemental brief in support of its motion for a preliminary injunction, due Dec. 15.

The order came after Katzmann's decision that the court has jurisdiction under Section 1581(i), the court's "residual" jurisdiction, which covers any civil action regarding "embargoes or other quantitative restrictions" (see 2311300038). The decision came after Ninestar's motion for a PI against the listing decision. Katzmann's briefing schedule reflects the court's decision to postpone a hearing on the motion while the parties negotiate a process for the Forced Labor Enforcement Task Force to consider a request for removal from the list.