The Court of International Trade in a Nov. 30 opinion said that it is likely to have jurisdiction over Chinese exporter Ninestar Corp.'s challenge to its placement on the Uyghur Forced Labor Prevention Act Entity List. Following Ninestar's motion for a preliminary injunction against its placement on the list, Judge Gary Katzmann ruled more narrowly, holding Ninestar is likely to show that jurisdiction is proper under Section 1581(i), the court's "residual" jurisdiction, which covers any civil action regarding "embargoes or other quantitative restrictions." While the U.S. said the UFLPA Entity List does not create an embargo since it establishes a rebuttable presumption, Katzmann said the court has exerted jurisdiction over similar embargoes where exemptions or reconsideration are granted.
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CBP issued the following releases on commercial trade and related matters:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
A spotlight on Uyghur forced labor in auto parts manufacturing that began a year ago (see 2212060054) has not yet resulted in much action from CBP (see 2309210025), but forced labor researchers say that may not continue to be the case.
The White House said it will ask the Office of the U.S. Trade Representative to "pursue effective and meaningful remediation of labor rights violations or to address gaps in labor rights protections," and asked USTR and the Department of Labor to develop new tools and strategies to address these gaps.
Uyghur Forced Labor Prevention Act detention notices will be available in the ACE certification environment on Nov. 15, CBP said in a CSMS message. CBP had delayed deployment of the automated UFLPA detention process until January in August (see 2308300043). The enhancement is designed to give importers the "ability to view, search, and respond to CBP Form 6051D using the ACE Forms application accessible through the ACE Secure Data Portal,” CBP said (see 2304210072).
The Senate Finance Committee chairman, joined by four Republicans and three other Democrats, asked the head of CBP to prioritize Dominican Republic-Central America Free Trade Agreement and USMCA textile enforcement in the coming year, saying that American textile mills that are closing have said a key factor in weak demand for their yarns or fabric is "lack of effective customs enforcement."
CBP in October identified 504 shipments valued at more than $199 million for further examination based on the suspected use of forced labor, including goods subject to the Uyghur Forced Labor Prevention Act and withhold release orders, the agency said in its most recent operational statistics update. The value of those shipments is up from September, when CBP identified 259 shipments worth more than $102 million (see 2310230037). Also in October, CBP seized 1,499 shipments that contained counterfeit goods valued at more than $160 million if the items had been genuine, the agency said.
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