Steel Nail Exporters to Appeal CIT Decision Sustaining Use of 'd' Test

A group of steel nail exporters led by PT Enterprise will appeal a February Court of International Trade decision sustaining the Commerce Department's use of a simple average of standard deviations in the denominator of the Cohen's d test in detecting "masked" dumping as part of the antidumping duty investigation on steel nails from Taiwan (see 2402120036). The companies will take the case to the U.S. Court of Appeals for the Federal Circuit, where the Cohen's d test is being litigated in a lead case, Stupp Corp. v. U.S. The government's central contention in the present case is that Commerce's use of the full population of data precludes it from needing to satisfy statistical assumptions such as the normal variance of data (Mid Continent Steel and Wire v. U.S., CIT # 15-00213).