Unfortunately, I only know enough to be dangerous. However, if a work is in the public domain in the EU but not in the US, the copyright owner would have an action against the person infringing the work. Leaving aside the question of jurisdiction (the person making the copy may be located outside the US and you may not be able to haul him into a US court), in the case of jazz sound recordings, the number being sold in the US may be so small that it may not make economic sense to justify filing a lawsuit. Now, if we were talking about Taylor Swift’s records, probably a different story. That’s real money.
I believe Joe Medjuck’s son is an intellectual property attorney. He can probably provide a better answer.