CAFC Deactivates Appeal Given Reconsideration Fight Over 'd' Test at CIT
The U.S. Court of Appeals for the Federal Circuit in a Nov. 2 order deactivated U.S. Steel Corp.'s recently filed appeal over the 2016-17 administrative review of the antidumping duty order on oil country tubular goods from South Korea. U.S. Steel filed the appeal amid a spat over a motion from plaintiff SeAH Steel Corp. to reconsider the court's opinion. Per Federal Rule of Appellate Procedure 4(a)(4), the time to file an appeal runs from the order disposing of the last remaining motion seeking to alter or amend the judgment (SeAH Steel Corp. v. United States, Fed. Cir. #23-1109).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
SeAH's case concerns the use of the Cohen's d test as part of the Commerce Department's differential pricing analysis to identify "masked" dumping. In April 2021, CIT found in SeAH's case that Commerce's DPA was lawful. But in July 2021, the Federal Circuit raised questions over the use of the Cohen's d test relied upon in the DPA. The appellate court said that evidence called into question the use of the test since it violated the key statistical assumption of normality, observation size and roughly equal variances (see 2107150032). In its reconsideration motion, SeAH said that given this opinion, the trade court should reconsider its decision because, despite the fact that the Stupp decision concerned a different product, the reasoning is the same (see 2209270039).