d test, to see if the prices of the exporter's U.S. sales vary significantly across region, time period or purchaser. Use of this test as part of the differential pricing analysis has been subject to much litigation, with the primary point of contention being whether Commerce must satisfy basic statistical assumptions such as roughly equal variances and normally-distributed data sets when running the test.

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Differential Pricing Analysis

The Commerce Department uses a differential pricing analysis to detect whether companies are selling goods across different time periods, regions or purchasers in an effort to mask the dumping of their products into the U.S. market. As part of this analysis, the agency will use a statistical test, called the Cohen's d test, to see if the prices of the exporter's U.S. sales vary significantly across region, time period or purchaser. Use of this test as part of the differential pricing analysis has been subject to much litigation, with the primary point of contention being whether Commerce must satisfy basic statistical assumptions such as roughly equal variances and normally-distributed data sets when running the test.

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Hyundai Says It Didn't Benefit From Port Usage Rights, Challenges CVD Rate at CAFC
January 3, 2024 by Jacob Kopnick|Top News

The South Korean government's provision of port usage rights to exporter Hyundai Steel Co. is not a countervailable benefit since it is the repayment of a debt, Hyundai told the U.S. Court of Appeals for the Federal Circuit in a Dec. 29 opening brief. Because the port usage rights allowed Hyundai to "recoup its costs" from building the Incheon North Harbor port, the rights did not provide a "gift-like transfer of funds that provided an advantage or profit to Hyundai Steel," the brief said (Hyundai Steel Co. v. U.S., Fed. Cir. # 24-1100).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity, Country of origin cases
Exporter Supports Commerce’s Motion to Remand Decision in Duty Drawback Adjustment Case
January 2, 2024 by Kathryn Nucci|Litigation

A Turkish aluminum foil exporter Dec. 22 sought expedited consideration of a request for a voluntary remand by the Commerce Department and challenged concerns raised by domestic petitioners in a case involving a duty drawback adjustment on its products (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).

Topics:Court of International Trade activity, Tariff classification rulings, Court of Federal Appeals Trade activity, Country of origin cases, Section 232 Exclusions