The U.S. International Trade Commission (ITC) has rejected a last-minute application by Bombardier Inc. to reopen the investigation case record in the Canadian plane maker's trade dispute with Boeing Co.
Simon Letendre, a spokesman for Bombardier, confirmed the information Wednesday.
The decision means the ITC will proceed to a vote on the case and not weigh any new material, as Bombardier had hoped. The vote, originally scheduled for Thursday, is now expected to be held Friday afternoon with the results made public soon afterward. The delay was caused by the U.S. government shutdown earlier this week.
The ITC will rule whether to uphold duties imposed by the U.S. Department of Commerce last year of nearly 300 per cent on Bombardier C Series airplanes imported into the United States. Boeing Co. asked for the duties, alleging that Bombardier used unfair government subsidies to clinch an important contract for 75 C Series planes to Atlanta-based Delta Air Lines at "absurdly low" sales prices.
In making its ruling, the ITC will have to decide whether Boeing suffered material harm from Bombardier's actions.
Bombardier has said there was no such harm because Boeing did not offer Delta any planes of its own in the sales competition and enjoys a massive backlog of orders. Boeing has said its 737 Max 7 jet might not survive if Bombardier continues to sell planes below fair market value.
Bombardier on Tuesday made a last-minute request to the ITC to consider Brazilian plane maker Embraer SA's new E190-E2 as a competing aircraft in the case after Embraer said in recent days it had improved the plane's range to 2,900 nautical miles.
In the scope of its investigation, the ITC considered only 100 to 150-seat jets with a range of 2,900 nautical miles or more as competitors to Boeing's 737 single-aisle aircraft. The C Series was included in the scope but the Embraer planes were not because they were said to have a shorter range.
Boeing is pursuing talks with Embraer about a possible takeover.
"Throughout this case, Boeing's claims have been disingenuous, starting with its demand that the U.S. government ignore Embraer's role in the market while it secretly sought to buy Embraer," Bombardier spokesman Mike Nadolski said in a statement Tuesday. Embraer's new disclosure "eviscerates the premise of Boeing's case," he said.