Global Technology, Inc. v. Yubei (Xinxiang) Power Steering System Co.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Aviation Industry Corporation of China (“AVIC”) brings this interlocutory appeal of the district court’s denial of its motion to dismiss asserting immunity under the Foreign Sovereign Immunities Act (FSIA). Because we conclude that AVIC’s challenge to federal jurisdiction under Federal Rule of Civil Procedure 12(b)(1) is a factual challenge rather than a facial one, we hold that the district court erred by treating it as a facial challenge and thus taking the plaintiffs factual allegations as true. And although the parties agree on a number of…