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The U.S. Department of Commerce (DOC) has issued a notice seeking public input on potential alternatives to the Cohen’s d test, which has been used for over a decade in anti-dumping investigations.
This initiative aims to comply with section 777A(d)(1)(B)(i) of the Tariff Act of 1930, as amended, which requires the DOC to determine whether “there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or time periods.”
The Cohen’s d test was previously used to assess the magnitude of price differences. However, a recent decision by the U.S. Court of Appeals for the Federal Circuit found that the application of this test was unreasonable due to its failure to meet necessary statistical assumptions, particularly regarding sample size, normal distribution, and homogeneity of variance. In response, the DOC is launching a public consultation to develop a more appropriate alternative.
Deadline for Comments: May 30, 2025
How to Submit Comments:
1. Online Submission:
- Visit the Federal eRulemaking Portal at: https://www.regulations.gov
- Enter docket number ITA-2025-0004 in the search bar.
- Click the “Comment” icon, complete the required fields, and enter or upload your comment.
2. By Mail:
- Send to the following address:
Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations
Room 18022, U.S. Department of Commerce
1401 Constitution Avenue NW, Washington, DC 20230
- If delivering in person, an appointment must be scheduled by calling (202) 482-4920.
Important Notes:
- Only comments submitted via the proper channels, to the correct address, and within the deadline will be considered.
- All submissions will be made publicly available at: https://www.regulations.gov
- The DOC will not accept comments containing confidential or proprietary information.
- Language: Comments must be in English or accompanied by an English translation. Anonymous submissions are allowed by entering “N/A” in the required fields.
- Accepted file formats: Microsoft Word, Excel, or Adobe PDF.
- To track progress and access related documents, visit: https://www.regulations.gov/document/ITA-2025-0004
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
