US Asks CAFC for 3K More Words in Reply Brief on Use of 'd' Test

The U.S. asked the U.S. Court of Appeals for the Federal Circuit for approval to use 3,000 more words in its reply brief in a case on the use of the Cohen's d test to root out "masked" dumping. The government said each of the three issues raised in the case is "complex and technical in nature." It said they cover two accounting issues and the intricacies of a statistical method, creating "good cause" for the additional words (Marmen v. U.S., Fed. Cir. # 23-1877).

The U.S. said that regarding the d test, it anticipates "addressing additional technical arguments raised by the amicus brief that has been filed in this appeal on behalf of several entities, which go beyond the arguments raised by appellants." All other parties in the case -- appellants led by Marmen and appellee Wind Tower Trade Coalition -- consented to the motion.

The case concerns an antidumping duty investigation on utility scale wind towers from Canada, in which Commerce used the test to identify masked dumping. The use of the d test was first called into question by the Federal Circuit in Stupp Corp. v. U.S., in which the court remanded Commerce's use of the test so the agency could explain if it still works when basic statistical assumptions such as normal distribution and roughly equal variances are not met (see 2107150032). Commerce's explanation in that case, and the present proceeding, was that the assumptions apply only when comparing samples of data instead of entire populations.