CAFC Gives US 3,000 More Words for Reply in Suit on Cohen's 'd' Test

The U.S. Court of Appeals for the Federal Circuit on Dec. 26 granted a request from the U.S. for 3,000 additional words for a reply brief in a case involving use of the Cohen's d test to detect "masked" dumping and two accounting items. The government said each of the three matters raised in the case is "complex and technical in nature" (see 2310250039), creating "good cause" for the additional words (Marmen v. U.S., Fed. Cir. # 23-1877).

The other parties in the case -- appellants led by Marmen Energy and appellee Wind Tower Trade Coalition -- consented to the motion. The U.S. brief is due within 14 days of Dec. 26, the court said.

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.