US Commerce Department finds for Boeing in C Series dumping cases, sets tariffs totalling 292.21%

    US Department of Commerce (DoC) made (20-Dec-2017) affirmative final determinations concerning antidumping duty (AD) and countervailing duty (CVD) investigations for the import of Bombardier C Series aircraft from Canada to the US, applying tariffs totalling 292.21%. DoC stated:

    • Bombardier’s final dumping margin was based on “adverse facts available (AFA) because Bombardier failed to provide information requested by DoC in its AD questionnaire”. Boeing alleged one dumping margin in the petition. As AFA, DoC applied the sole dumping margin calculated in the petition for Canadian exports of aircraft, which is 79.82%;
    • Using reported information from Canada, Quebec, the UK and Bombardier, the DoC calculated a final subsidy rate of 212.39% for Bombardier;
    • Bombardier, the Canadian Government and petitioners agreed the proposed transaction between Bombardier and Airbus for majority ownership of the C Series does not impact these investigations. The proposed transaction is yet to be finalised;
    • Upon publication of the final affirmative AD and CVD determinations, US Customs and Border Protection will be instructed to collect cash deposits equal to the applicable final weighted average dumping margin and the final subsidy rate;
    • The US International Trade Commission (ITC) is scheduled to make its final determinations in the case on or about 01-Feb-2018. If the ITC makes affirmative final determinations that imports of aircraft from Canada materially injure, or threaten material injury to, the domestic industry, the DoC will issue AD and CVD orders. If the ITC makes negative determinations of injury, the investigations will be terminated. [more – original PR]