Ninestar Corp. v. United States, in which the court upheld a "reasonable cause" standard of review for FLETF's listing decisions.

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UFLPA Entity List Litigation

Under the Uyghur Forced Labor Prevention Act (UFLPA), the Forced Labor Enforcement Task Force (FLETF) will add companies to an Entity List if it suspects they are exporting products made with forced labor in China's Xinjiang region. Listed companies can appeal the decision before FLETF, and if that appeal is denied, they can challenge their listing at the Court of International Trade. Given the recency of UFLPA, very few cases have made their way to the trade court, though the early cases on this new statutory tool raise important questions of due process and FLETF's standard of review when adding companies to the Entity List. Guiding current litigation is CIT's key decision in Ninestar Corp. v. United States, in which the court upheld a "reasonable cause" standard of review for FLETF's listing decisions.

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Bipartisan Letter Asks Administration to End de Minimis for E-Commerce
February 26, 2024 |Congress

With no legislative action on a proposal to end China's eligibility for de minimis shipments, one of its authors, Sen. Sherrod Brown, is asking the Biden administration to end de minimis treatment for all e-commerce purchases, or, at least, stop de minimis treatment for goods subject to partner government agency review, products that are trade priorities, and goods subject to Section 301 and Section 232 tariffs.

Topics:Customs duty, Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor , Reciprocal tariffs
Lawmakers Tell Volkswagen to Do Better Job of Avoiding Forced Labor
February 22, 2024 by Marc Selinger|Congress

The leaders of the House Select Committee on China on Feb. 22 urged the Volkswagen Group to improve its compliance with the Uyghur Forced Labor Protection Act following a report that CBP seized thousands of the company’s Audi, Bentley and Porsche cars at U.S. ports for illegally containing parts made with forced labor in Xinjiang, China (see 2402150026).

Topics:Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor
Thousands of Porsche, Bentley and Audi Cars Seized Under UFLPA
February 15, 2024 by Noah Garfinkel|Customs

CBP has detained thousands of Porsche, Bentley and Audi cars in U.S. ports after a supplier to parent company Volkswagen found a "Chinese subcomponent" in the vehicles that violated the Uyghur Forced Labor Prevention Act, the Financial Times reported on Feb. 14. The delivery will be delayed until as late as the end of March, the paper said.

Topics:Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor