CAFC Again Rejects Use of 'd' Test to Detect Targeted Dumping
The U.S. Court of Appeals for the Federal Circuit on April 23 again rejected the Commerce Department's use of the Cohen's d test to detect targeted dumping in the second decision on the issue in as many days. The court…
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said it's bound by yesterday's decision rejecting the test for not adhering to basic statistical assumptions. Writing individually, Judge Leonard Stark suggested he may have been compelled to reach a different position on the use of the test as "one step" in Commerce's "three-step differential pricing analysis" if it weren't for the court's recent decision.