CAFC Issues Mandate Remanding Use of 'd Test' Analysis in AD Case

The U.S. Court of Appeals for the Federal Circuit issued its mandate Oct. 8 in a case involving the Commerce Department's use of the "Cohen's d test" to discover targeted or masked dumping. The mandate led the Court of International Trade to remand the case to Commerce to bring its final results in an antidumping investigation into welded line pipe from South Korea in line with the Federal Circuit's opinion. The appellate court held that Commerce must further explain its use of this statistical test when using its differential pricing analysis since Commerce may not be adhering to certain assumptions required to perform the Cohen's d test (see 2107150032). A proposed briefing schedule decided by all parties is due by Oct. 28 (Stupp Corporation et al. v. U.S., et al., CAFC # 2020-1857).