Federal Circuit Issues Mandate, Remands Use of 'd Test' Analysis in Antidumping Case

The U.S. Court of Appeals for the Federal Circuit issued its mandate in an antidumping duty case involving Commerce's methods for identifying masked dumping, officially remanding the matter to the Commerce Department. In July 2021, the Federal Circuit held that Commerce must further explain its use of a statistical test when conducting its differential pricing analysis in an antidumping duty investigation (see 2107150032). The appellate court found that Commerce had failed to meet certain statistical requirements before running the Cohen's d test (Stupp Corporation v. U.S., Fed. Cir. #2020-1857).