Plaintiffs led by the Canadian government will appeal the Court of International Trade’s July 27 ruling that upheld the Commerce Department’s use of a differential pricing analysis to detect masked dumping in a case challenging the 2021 administrative review of the antidumping duty order on Canadian softwood lumber, according to a Sept. 23 notice of appeal (Government of Canada v. United States, CIT Consol. # 23-00187). [to access the full story a Trade Law Daily subscription is required]

Tree Frog note: The dispute centres on how the Commerce Department identifies “masked” dumping when calculating antidumping duties. Commerce developed its new price-difference test after an earlier statistical method used in its differential-pricing analysis was rejected by the US Court of Appeals for the Federal Circuit. The July ruling upheld that revised approach in Commerce’s 2021 administrative review of Canadian softwood lumber.