From last week's opinion by Judge Stephen Vaden (U.S. Ct. of Int'l Trade) in CVB, Inc. v. U.S.:
The underlying case involves a challenge to the [U.S. International Trade] Commission's final affirmative injury determination in its investigation of mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam. The Slip Opinion outlined numerous errors by the Commission but found the errors were ultimately harmless and sustained the Commission's final determination. To explain what the Court characterized as the Commission's "mathematical obfuscation and statistical chicanery[,]" the Court illustrated how responses to various questionnaires contained in the record and a chart from the Commission's final determination showed the opposite of what the Commission claimed they did.
After the Court released its opinion [link added -EV], the Commission contacted the Court … to express concerns that the opinion revealed confidential business proprietary information….
The court went in considerable detail through various procedural and substantive reasons why the Commission's request to conceal the confidential information was improper (read the opinion for more on this), and then offered this policy discussion:
