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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CIT Judges Offer Tips for Brief Writing, Oral Argument at Judicial Conference
October 24, 2024 by Jacob Kopnick|Top News

NEW YORK -- Three judges at the Court of International Trade offered tips to practitioners arguing before the court during an event at the court's judicial conference earlier this month. Judges Jennifer Choe-Groves, Claire Kelly and Gary Katzmann discussed tips for brief writing, oral argument and filing extension requests, laying out personal preferences and common areas where counsel goes wrong.

Topics:Court of International Trade activity
On Remand, Commerce Still Supports India as Surrogate in Vietnamese Frozen Fish Review
October 23, 2024 by Kathryn Nucci|Litigation

The Commerce Department released its remand results Oct. 18 in a case regarding the antidumping duty review on frozen fish fillets from Vietnam, maintaining its earlier determinations but providing more detailed analyses for each (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity, Country of origin cases, Antidumping Surrogate Values, Section 232 Exclusions
Commerce Remand Still Not Explaining Inconsistent Use of Inter-Quarter Comparisons, Exporters Say
October 23, 2024 by Kathryn Nucci|Litigation

The Commerce Department failed to explain its use of an inter-quarter comparison in a differential pricing analysis but not in a margin calculation, despite being told to do so by the Court of International Trade in a remand order, exporters argued Oct. 18 (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).

Topics:Court of International Trade activity
RTX Lawyer to Lead Compliance With DOJ, SEC Settlements
October 22, 2024 |Trade People

U.S. aerospace firm RTX tapped senior counsel Lara Covington to head the company’s compliance with the deferred prosecution agreements announced last week with DOJ and the SEC, Covington announced on LinkedIn. Covington’s official title will be the executive director of the RTX DPA Compliance Program Office, where she will help “ensure the company successfully meets its obligations” to both agencies, she wrote in her bio. RTX will pay close to $1 billion and agreed to a range of compliance commitments to resolve allegations that it committed violations of defense export control regulations, the Foreign Corrupt Practices Act and more (see 2410160058).

RTX Fined Nearly $1B for Alleged Violations Linked to Qatari Sales, Including Export Breaches
October 17, 2024 by Ian Cohen|Penalties

American defense firm RTX will pay close to $1 billion to resolve allegations that it tried to defraud the U.S. government and committed violations of defense export control regulations and the Foreign Corrupt Practices Act, DOJ and the SEC said Oct. 16. The company agreed to enter into two deferred prosecution agreements to settle the claims, which included Raytheon’s alleged failure to report bribes in export licensing applications and its submission of false information to the U.S. as part of multiple foreign military defense contracts.