CIT Rejects Reconsideration Motion on Commerce's Use of Statistical Test in AD Case

The Court of International Trade in a Feb. 23 order denied antidumping respondent SeAH Steel's request for reconsideration of the court's opinion upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis. SeAH said the case should be reconsidered given the Court of Appeals for the Federal Circuit's opinion in Stupp v. U.S. calling into question the use of the test, which is used to root out "masked" dumping. Judge Jennifer Choe-Groves ruled the use of an entire population of data rather than just a sample "sufficiently negates" the questions raised in Stupp.