Latest On Last Friday’s Important Hearing in Ninestar Vs. US Gov. (Court of International Trade)

This article reports on a hearing held on January 18, 2024, by Judge Gary S. Katzmann of the U.S. Court of International Trade (CIT) regarding Ninestar’s lawsuit against the United States over its inclusion on the Uyghur Forced Labor Prevention Act (UFLPA) Entity List.

The UFLPA Entity List bans the importation of products from entities that are suspected of using forced labor from the Uyghur region of China. Ninestar, a leading manufacturer of printer cartridges and components, claims that the listing decision was arbitrary, capricious, and unlawful, and seeks a preliminary injunction to lift the ban and allow its products back into the U.S. market. Ninestar requested a motion for a preliminary injunction to unseal and unredact the record in the case.

The hearing focused on the U.S. government’s defense that Ninestar’s claims are moot because the U.S. has exhausted its rights to challenge the listing under the World Trade Organization (WTO) rules. The U.S. argued that Ninestar failed to exhaust its administrative remedies before filing the lawsuit, and that the court lacks jurisdiction to review the listing decision.

Ninestar countered that the U.S. exhaustion defense is irrelevant and inapplicable, and that the court has the authority and the duty to review the listing decision and grant the preliminary injunction. Ninestar also argued that the U.S. violated its due process rights by listing it without providing any evidence or opportunity to respond.

The hearing lasted for over three hours and involved arguments from both sides on various legal and factual issues. The judge asked several questions to the parties, such as the standard of review, the evidence of forced labor, the impact of the ban on Ninestar and its customers, and the public interest involved in the case.

The judge did not issue a ruling at the hearing but indicated that he would do so as soon as possible. The outcome of the case could have significant implications for the printer toner industry.