National Post

Boeing and Bombardier clash in court over subsidy allegation­s.

U.S. panel probes subsidy allegation­s

- Alexander Panetta

WA S HI NGTON • The next potential Canada- U. S. trade dispute unfolded Thursday as aerospace giants clashed at a Washington hearing that marked the formal launch of investigat­ions into Boeing Co.’ s allegation­s that Bombardier Inc. received subsidies allowing it to sell its CSeries planes at belowmarke­t prices.

“The U. S. market is the most open in the world, but we must take action if our rules are being broken,” U. S. Commerce Secretary Wilbur Ross said in a statement after the hearing began. “While assuring the case is decided strictly on a full and fair assessment of the facts, we will do everything in our power to stand up for American companies and their workers.”

U. S. aeronautic­s powerhouse Boeing argued at the hearing that duties should be imposed on Bombardier aircraft, insisting its smaller Montreal- based rival receives government subsidies that give it an illicit toehold in the internatio­nal market.

Bombardier has made it clear that its goal is to grab half the internatio­nal market share for 100- to 150-seat aircraft, according to Boeing, which argues its rival has received an unfair head- start from Canadian taxpayers.

Boeing vice-president Raymond Conner said the sale of cheap, subsidized planes to Delta Air Lines helped Bombardier to enter a new market. If Bombardier reaches its stated goal, he said, it would squeeze Boeing from that market and cost the company US$ 330 million a year in sales.

“Today we are at a critical moment,” Conner told the seven- member U. S. Internatio­nal Trade Commission. “If you don’t fix it now, it will be too late to do anything about it later. … What we want is competitio­n that is fair.”

Ross Mitchell, Bombardier’s vice-president of commercial operations, told the panel that it offered to alter its planes to the ‘ CS100 Lite’ to win an order from United Continenta­l, because the CS100 was too big.

“Our competitio­n throughout was the even smaller Embraer 190. At the very end, however, Boeing swooped in and offered United a deal too good to refuse — not on a 100-seat aircraft, but on larger 737-700s that do not compete with the CS100,” Mitchell said.

Boeing has petitioned the U. S. Commerce Department and the U. S. Internatio­nal Trade Commission to investigat­e subsidies of Bombardier’s CSeries aircraft that it says have allowed the company to export planes at well below cost. A preliminar­y determinat­ion is expected by June 12. If the ITC determines there is a threat of injury to the U.S. industry, preliminar­y countervai­ling duties could be announced in July, followed in October by preliminar­y anti- dumping duties, unless the deadlines are extended. Final determinat­ions are scheduled for October and December.

Boeing is calli ng f or countervai­ling duties of 79.41 per cent and anti- dumping charges of 79.82 per cent.

The Quebec government l ast year i nvested US$ 1 billion in exchange for a 49.5- per- cent stake in the CSeries. The federal government recently provided a $ 372.5- million loan. That’s on top of about $1 billion received in 2008 from Ottawa, Quebec and Britain to develop the CSeries.

Bombardier lawyer Peter Lichtenbau­m said Boeing hasn’t lost sales as a result of Bombardier, and doesn’t even compete with Bombardier in the sales campaigns it has complained about because the CSeries is smaller than Boeing’s 737- 800 and Max 8 planes. “If this is a case of David vs. Goliath, Boeing has cast itself in the wrong role.”

 ?? JASON REDMOND / AFP / GETTY IMAGES ?? The first Boeing 737 MAX 9 during its rollout in March. Boeing argued in Washington Thursday that Montreal-based Bombardier received unfair subsidies for its CSeries aircraft and is calling for duties of nearly 80 per cent.
JASON REDMOND / AFP / GETTY IMAGES The first Boeing 737 MAX 9 during its rollout in March. Boeing argued in Washington Thursday that Montreal-based Bombardier received unfair subsidies for its CSeries aircraft and is calling for duties of nearly 80 per cent.

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