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Steel Exporter to Appeal CIT Decision Upholding Use of 'd' Test

Steel exporter SeAH Steel Corp. will appeal two February Court of International Trade decisions upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping, it said in two…

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notices of appeal. The trade court had sustained the test, finding that the use of an entire population of data instead of a sample "sufficiently negates" the questions raised by the U.S. Court of Appeals for the Federal Circuit in the 2021 Stupp Corp. v. U.S. decision (see 2302230056). One of the cases is the Stupp proceeding itself, in which the court ruled that Commerce adequately addressed the Federal Circuit's questions (see 2302270049) (SeAH Steel Corp. v. United States, CIT # 19-00086) (Stupp Corp. v. Unied States, CIT # 15-00334).