Exporters Object to Cohen's 'd' Test Used in Steel Racks AD Case
Chinese exporters of steel racks submitted a complaint Aug. 19 to the Court of International Trade objecting to the Commerce Department's use of Cohen's d test in its affirmative dumping finding (Jiangsu Nova Intelligent Logistics Equipment Co. v. U.S., CIT # 25-00175).
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CIT recently allowed plaintiffs to add a claim against Commerce's use of the Cohen's d test to detect "masked" dumping in light of the U.S. Court of Appeals for the Federal Circuit's decision rejecting Commerce's use of the test (see 2506180014).
Commerce’s use of the Cohen’s d test as a basis for applying "differential pricing analysis is unlawful and contrary to Court precedent," said China-based exporters Jiangsu Nova Intelligent Logistics Equipment Co., Ltd., Nanjing Jinshidai Storage Equipment Co., Ltd., and Hebei Nova Intelligent Logistics Equipment Co., Ltd.
"In the absence of a permissible method to calculate whether there is a need to apply a differential pricing analysis, the Department cannot conduct such analysis," the exporters said. They asked for the issuance of a new determination and payment of legal fees.