d test, to see if the prices of the exporter's U.S. sales vary significantly across region, time period or purchaser. Use of this test as part of the differential pricing analysis has been subject to much litigation, with the primary point of contention being whether Commerce must satisfy basic statistical assumptions such as roughly equal variances and normally-distributed data sets when running the test.

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Differential Pricing Analysis

The Commerce Department uses a differential pricing analysis to detect whether companies are selling goods across different time periods, regions or purchasers in an effort to mask the dumping of their products into the U.S. market. As part of this analysis, the agency will use a statistical test, called the Cohen's d test, to see if the prices of the exporter's U.S. sales vary significantly across region, time period or purchaser. Use of this test as part of the differential pricing analysis has been subject to much litigation, with the primary point of contention being whether Commerce must satisfy basic statistical assumptions such as roughly equal variances and normally-distributed data sets when running the test.

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CAFC Judges Question Whether Planners Are Diaries, Calendars, Notebooks
October 8, 2025 by Jacob Kopnick|Top News

Judges at the U.S. Court of Appeals for the Federal Circuit pressed counsel for importer Blue Sky the Color of Imagination and the government during oral argument on Oct. 7 in the importer's customs classification suit on its notebooks with calendars. During the argument, Judges Alan Lourie, Raymond Chen and William Bryson grappled with whether the court is bound by its 2010 ruling in Mead v. U.S. and whether the goods are properly classified as calendars or diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).

Topics:Court of International Trade activity, Tariff classification rulings, Court of Federal Appeals Trade activity, Harmonized Tariff Schedule
Commerce's Approach to 'Smoothing' Costs Not Best Read of AD Statute, Respondent Says
October 7, 2025 by Jacob Kopnick|Litigation

The Commerce Department erred in deciding to "smooth" antidumping duty respondent Prolamsa's production costs in the 2022-23 administrative review of the AD order on heavy walled rectangular carbon welded steel pipes and tubes from Mexico, Prolamsa argued in an Oct. 3 complaint at the Court of International Trade (Productos Laminados de Monterrey v. United States, CIT # 25-00195).

Topics:Court of International Trade activity
CIT Says Commerce Erred in Analysis of Whether Shopping Bag Exporter Knew Sale Was for Export to US
October 3, 2025 by Jacob Kopnick|Top News

The Court of International Trade on Oct. 1 sent back the Commerce Department's finding that antidumping duty respondent Ditar correctly reported an individual transaction, dubbed "Transaction X," as a home market sale in the AD investigation on shopping bags from Colombia. Judge M. Miller Baker said on remand the agency must address whether Ditar had "actual" knowledge of whether Transaction X was destined for export "without importing evidence relevant only to" whether Ditar had "constructive" knowledge that the sale was for export.

Topics:Court of International Trade activity