Marmen Inc. v. United States

 
APPEAL NO.
23-1877
OP. BELOW
CIT
OPINION
TBD
SUBJECT
Trade
AUTHOR
TBD

Issue(s) Presented

1. “Was Commerce’s decision to modify Marmen’s reported product-specific raw material costs arbitrary and unsupported by substantial evidence, given that Commerce failed to apply its longstanding practice and relied on assumptions and factual findings belied by the record evidence?” 2. “Was Commerce’s decision to reject a minor correction to one line of a cost reconciliation worksheet unsupported by substantial evidence, given that Commerce’s decision was illogical and contrary to the record evidence?” 3. “Was Commerce’s decision to apply the average-to-transaction comparison method based on a finding of ‘significant’ price differences unreasonable and unsupported by substantial evidence, given that Commerce blindly relied on the results of a Cohen’s d test that falsely attributed significance to price differences of less than one percent?”