CAFC Lets Petitioner Appear in Case on 'd' Test as Amicus

The U.S. Court of Appeals for the Federal Circuit on Sept. 12 allowed the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations appear as an amicus in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief to respond to claims from other amici led by the Canadian government, which invoked various academic literature on the use of the test (see 2408230010) (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).

The Canadian government said the denominator of the Cohen's d test represents the variance of the groups of data analyzed by Commerce, which are tested for differences using the test (see 2406130037). The Canadian parties said if the d coefficient is calculated without a denominator that consistently and accurately standardizes mean differences in the numerator, it doesn't give useful information about the difference between the groups.

The committee said in response that the academic literature isn't relevant to Commerce's finding of whether there's a pattern of significant price differences in a full dataset of all U.S. sales. The academic literature cited by the Canadian parties addresses how to assign statistical significance to certain variables in sampled data.