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CAFC Gives Exporter More Time to File Response in Lead Case on 'd' Test

The U.S. Court of Appeals for the Federal Circuit gave exporter SeAH Steel Corp. more time to file its reply brief in the lead case on the Commerce Department's use of the Cohen's d test when rooting out "masked" dumping. The exporter now has until Jan. 8, 2024, to file its brief (Stupp Corp. v. United States, Fed. Cir. # 23-1663).

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Most recently in the case, petitioner Welspun Tubular and the U.S. filed their reply defending the agency's use of the test after the appellate court raised concerns about the test in July 2021. The Federal Circuit took issue with the fact that Commerce used the test with data sets that didn't adhere to basic statistical assumptions, including normal distribution, equal variances and large sample sizes (see 2107150032).

In their replies, the petitioner and government said the restrictions on the use of the d test didn't matter since the agency used the entire population of data instead of a sample size, and that any issues in the test were resolved by the ratio and meaningful difference tests (see 2311060058).