ITC Asks Trade Court to Temporarily Redact Recent Decision to Address BPI

The International Trade Commission asked the Court of International Trade to temporarily redact its decision sustaining an injury determination on mattresses since the commission believes there to be business proprietary information in the opinion that may need to be redacted (CVB v. United States, CIT # 21-00288).

Writing a letter to the court the day after the opinion was issued, the ITC said the court should let the parties "confer and submit comments regarding any BPI for which they believe the Court should accord confidential treatment." Counsel for the plaintiff, importer CVB, and the defendant-intervenors, led by U.S. mattress maker Brooklyn Bedding, agreed to the request.

The court responded with a text-only order telling the parties that they can file a motion regarding any BPI, noting that the motion "must identify with specificity what the parties believe is Confidential/BPI, reference the Court's Ruels governing BPI, and include any record pages cited in the opinion where the alleged BPI is bracketed."