CIT Judge Rejects Motion for Judgment Due to Formatting Deficiencies

A motion for judgment submitted by plaintiff Fujian Yinfeng Imp & Exp Trading Co. was rejected by the Court of International Trade's Judge M. Miller Baker on Aug. 17 due to a failure to comply with formatting requirements. In a notice from the court, Baker said that the motion was rejected since it failed to include a glossary of case-specific acronyms and abbreviations. The corrected document was instructed to be refiled by Aug. 25 (Fujian Yinfeng Imp & Exp Trading Co., Ltd. v. U.S., CIT #21-00088).

Judge Baker requires a unique set of formatting requirements for filings in cases assigned to him. The motion for judgment came in a case challenging the Commerce Department's final determination in the countervailing duty order on wood mouldings and millwork products from China. The four issues covered in the suit are whether Commerce's application of adverse facts available to the China Ex-Im Bank's Export Buyer's Credit Program is supported, whether Commerce's expansion of the primer and gesso at less than adequate remuneration to include purchases of the raw material used to make gesso is properly backed, whether Commerce's pick of the ocean freight benchmark for the wood LTAR programs is backed, and whether Commerce's selection of the land benchmark is properly supported.