Alternatives to the Use of Cohen's d; Request for Comment

Enforcement and Compliance, International Trade Administration, Department of Commerce.

Notice; request for comment.

The U.S. Department of Commerce (Commerce) seeks information and public comment on how the administering authority can meet the statutory requirement outlined in section 777A(d)(1)(B)(i) of the Tariff Act of 1930, as amended (the Act), to identify if “there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or periods of time.” The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently held that it is unreasonable to use the current Cohen's d test when the Cohen's d test is applied to data that do not satisfy the statistical assumptions of normal distribution, equal variances, and sufficiently numerous data. Commerce seeks information and public comment regarding alternatives to the use of the Cohen's d test to define when prices differ significantly among purchasers, regions, and time periods, pursuant to section 777A(d)(1)(B)(i) of the Act.

Comments must be submitted no later than May 30, 2025.

Submit comments, identified by ITA-2025-0004, by either of the following methods to ensure that the comments are received and considered:

• Electronic Submission: Submit all electronic comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and type Docket No. ITA-2025-0004 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.
• Mail: Comments may also be submitted by mail or hand delivery/courier, addressed to Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Room 18022, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. An appointment must be made in advance with the APO/Dockets Unit at (202) 482-4920 to submit comments in person by hand delivery or courier.

Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments and information received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. Commerce will not accept comments accompanied by a request that part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. Therefore, do not submit confidential business information or otherwise sensitive or protected information.

All comments and information must be in English or be accompanied by a complete English translation to be considered. Commerce will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Supporting documents and any comments received on this docket may be viewed at https://www.regulations.gov/​document/​ITA-2025-0004.

Any questions concerning the process for submitting comments should be directed to the Enforcement and Compliance Communications Office at (202) 482-1413 or [email protected].