Stupp Corporation et al v. United States
by: Taranto, Bryson, Chen

Section: Federal Circuit and CIT Case Summaries

The Federal Circuit affirmed in part and vacated and remanded in part a decision of the CIT affirming Commerce’s final determination in the antidumping duty investigation of welded line pipe from Korea. The CAFC found that the evidence presented called into question whether Commerce’s application of the Cohen’s d test to the data in this case violated the assumptions of normality, sufficient observation size, and roughly equal variances associated with that test. Thus, the court remanded the case to give Commerce an opportunity to explain whether the limits on the use of the Cohen’s d test were satisfied in this case or whether those limits need not be observed when Commerce uses the Cohen’s d test in less-than-fair-value adjudications.