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.
Search Primer
Multi-word term: Place inside quotes to ensure an exact match together (e.g. "China import").
Term list: Separate terms with spaces, not commas or semicolons to find either word (e.g. AD/CVD antidumping).
Acronyms: Use all capital letters (e.g., ACE).
Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., CBP +releases).
Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).
Singular form: Use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").
Shortest word form: When you have different word forms in a quoted term, include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").