Mid Continent Steel & Wire, Inc. v. United States, No. 21-1747 (Fed. Cir. 2022)
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The Department of Commerce issued an antidumping duty order covering steel nails from Taiwan. The Federal Circuit remanded for further explanation of one aspect of the methodology Commerce had adopted to determine whether there was “a pattern of export prices . . . that differ significantly among purchasers, regions, or periods of time,” 19 U.S.C. 1677f-1(d)(1)(B)(i), The court stated that Commerce did not adequately explain why it was reasonable to use simple averaging.
On remand, Commerce again used simple averaging for its version of a “Cohen’s d denominator.” The Trade Court affirmed. The Federal Circuit vacated, finding that the relevant statistical literature cited by Commerce uniformly uses weighted averaging in the Cohen’s d denominator calculation and that Commerce has not explained why the basic choice of weighted averaging of unequal-size groups fails to
apply to this context. The literature nowhere suggests simple averaging for unequal-size groups. When the entire population is known, the literature points toward using the standard deviation of the entire population as the denominator in Cohen’s d—which Commerce has not done. Commerce’s job is not to follow a statistical test as explained in published literature for its own sake, but to implement the statutory mandate to determine when prices of certain groups “differ significantly.”
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