CAFC Allows Canadian Gov't, Exporters to File Amicus in Case on Cohen's 'd' Test

The U.S. Court of Appeals for the Federal Circuit in an Aug. 28 order allowed the Canadian government and eight Canadian exporters to file an amicus brief in a case on the Commerce Department's use of the Cohen's d test as part of its analysis to root out "masked" dumping. The Canadian government and companies asked for leave to file the brief earlier this month in the case in which the appellate court originally questioned the use of the test, arguing that Commerce is not using the statistical tool "in any coherent sense" (see 2308020027). The brief objected to the agency's defense of the test, which said that it can use the tool despite not satisfying base statistical assumptions since it is using the whole population of data instead of a sample (Stupp Corp. v. U.S., Fed. Cir. # 23-1663).