Companies, labor unions and domestic producer coalitions that support antidumping and countervailing duties on Vietnamese exports all said Vietnam has not changed its practices enough to be considered a market economy in AD/CVD cases in the 21 years since the last evaluation of its status found it wasn't.
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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Topics:Forced Labor