Mattress Cos. Cite Recent CIT Opinion in Bid for Open-Ended Injunction

A host of mattress companies in two Court of International Trade cases cited an Oct. 4 order from Judge Timothy Stanceu in their bid for an open-ended preliminary injunction against the antidumping duty order on mattresses from Vietnam. The order said that the open-ended injunction was warranted since the plaintiff in that case showed a likelihood of irreparable harm if the injunction was not issued in that way (see 2108230059). The U.S. had opposed the open-ended injunction, instead pushing for the injunction to merely run until the end of the first administrative review. The U.S. echoed this opposition in the two cases over the AD mattress order, arguing that if needed the injunction could be extended beyond the end of the first administrative review.

"The Court in Mosaic found it unnecessary to put 'temporal limitations' on an injunction when the consented administrative decision is the Order itself," the notice of supplemental authority in one of the cases, led by Ashley Furniture Industries, said. "The Court further considered it significant that the administrative decision appealed by the plaintiff was an investigation, not an administrative review, and held that irreparable harm 'already exists, having arisen upon the publication of the ... Order.'" The other case where a notice of supplemental authority appeared was led by Best Mattresses International Limited (Ashley Furniture Industries, LLC, et al. v. United States, CIT #21-00283) (Best Mattresses International Company Limited, et al. v. United States, CIT #21-00281).