CIT Rules Rejection of Exporter's Extension Request Amid COVID-19 'Abuse of Discretion'

The Court of International Trade on April 25 reversed the use of adverse facts available for Mexican rebar exporter Simec after the exporter couldn't provide certain downstream sales information by a supplemental questionnaire deadline. Judge Stephen Vaden said the Commerce Department abused its discretion by denying Simec’s timely extension request amid the COVID-19 pandemic, pointing out that three of Simec’s key accountants had died and a fourth had been intubated.