1. “[T]he United States International Trade Commission (‘Commission’ or ‘ITC’) respectfully requests that this Court enter a writ of mandamus ordering the United States Court of International Trade (‘CIT’ or ‘court’) in OCP S.A. v. United States, Consol. Ct. No. 21-00219 (Ct. Int’l Trade), to retain the Commission’s designation of information as business proprietary information (‘BPI’) unless the submitting party has consented to its disclosure.”
2. “In addition, we request that the Court vacate the CIT’s opinion and order dated March 27, 2025 (‘March Order’), Appx1-47, in which the CIT, based on a misinterpretation of the law in the Commission’s view, ordered the Commission to disregard its designation of certain company-specific business information as business proprietary, which in the Commission’s view requires the Commission to act in contravention of its statutory obligations to protect the integrity of business proprietary information provided to it under a promise of confidentiality.”
“We conclude that a writ of mandamus is unavailable but treat the Commission’s petition as a notice of appeal and find the appeal proper under the collateral order doctrine. On the merits, we conclude that section 1516a does not abrogate the common law right of access; that the Commission’s practice of designating all questionnaire responses as confidential is incompatible with the statute; and that the CIT’s order directing the Commission on remand to proceed in accordance with the statute is not contrary to the law.”
