CAFC Issues Mandate in Lead Case Rejecting Use of 'd' Test
The U.S. Court of Appeals for the Federal Circuit on June 13 issued its mandate in the lead case on the Commerce Department's use of the Cohen's d test in its process for detecting "masked" dumping. In the decision, the…
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appellate court said Commerce can't use the test when the "underlying data is not normally distributed, equally variable, and equally and sufficiently numerous" (see 2504220030). The court said it's "unreasonable" to use the test when it's applied to data that doesn't satisfy basic statistical assumptions. As a result of the ruling, Commerce opened a public comment period to explore alternatives to using the test (Marmen v. United States, Fed. Cir. # 23-1877).