Rulings, remedies and court proceedings for customs and trade professionals

US Mattress Cos. Oppose More Time for Exporter to File Opening Brief at CAFC

A group of U.S. mattress makers, led by Brooklyn Bedding, opposed exporter CVB's request for a 60-day extension in which to file its opening brief in an injury suit at the U.S. Court of Appeals for the Federal Circuit. Only consenting to a 14-day extension, the mattress makers said CVB "has failed to show good cause exists" for a longer extension since the trade court's decision in the suit was issued over 90 days ago (CVB v. United States, Fed. Cir. # 24-1504).

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Brooklyn Bedding added that the fact that CVB is involved in "other administrative proceedings" isn't enough to "warrant a two-month extension of time." In all, the petitioner said that CVB "has thus had ample time to craft its principal brief and was well aware of the deadline to file that brief as the party who filed the instant appeal."

The suit concerns the International Trade Commission's affirmative injury finding on mattresses from a host of countries. The Court of International Trade found errors in the ITC's assessment of whether the mattress industry is segmented, but it still sustained the affirmative injury finding due to the "harmless error" principle (see 2312200070).