National Post

Bombardier refusing to cooperate in probe: Boeing

- Alicja Siekierska Financial Post

The Boeing Co. has accused Bombardier Inc. of withholdin­g informatio­n in an ongoing anti-dumping investigat­ion and asked the U. S. Department of Commerce for an “upward adjustment” that is nearly double the current proposed 79.82 per cent dumping margin.

In a document filed with the U.S. Department of Commerce in early September, Boeing said its Montrealba­sed aerospace rival’s alleged refusal to co- operate has impeded the anti-dumping investigat­ion it initiated earlier this year, calling Bombardier’s conduct “egregious.” Boeing alleges in the document that, as a result of Bombardier’s alleged non-compliance, the government should apply an adverse facts available ( AFA) margin of 143.35 per cent.

Bombardier filed a document in response on Wednesday, disputing Boeing’s assertions, saying the company has responded to “each and every request for informatio­n by the Department, and provided the Department with thousands of pages of evidence.” Bombardier said the 143.35 per cent margin should be rejected “because it cannot be corroborat­ed” and that the Commerce Department should either terminate the investigat­ion or issue a negative dumping determinat­ion.

The latest developmen­t in the ongoing trade spat comes as the Department of Commerce prepares to announce a preliminar­y determinat­ion on Tuesday in its countervai­ling duty investigat­ion.

A preliminar­y determinat­ion in the anti- dumping investigat­ion is expected to be issued on Oct. 4, although that deadline can be extended.

The Chicago- based aerospace giant first filed a petition with the U. S. Internatio­nal Trade Commission and the Department of Commerce in April, alleging that massive government subsidies have allowed Bombardier to embark on “an aggressive campaign to dump its C Series aircraft in the United States.” Bombardier has repeatedly rejected Boeing’s claims.

In the document, which was filed by Boeing as a response to Bombardier’s supplement­al questionna­ire, the company alleges that Bombardier has not reported any of the sales or cost informatio­n requested by the government in order to make its dumping calculatio­ns.

“It has been energetic in trying to dispute the existence of sales in this investigat­ion, filing voluminous submission­s on the topic it wants to discuss. But when asked to provide informatio­n the Department considers relevant, it has either dissembled, professed ignorance, or, more recently, outright refused to comply,” Boeing said in its submission.

“At each step, Bombardier’s non- compliance has been blatant, and consisted of transparen­t attempts to impede the Department’s important work and hide the true magnitude of its dumping.”

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