Firm can’t pull Brazilian rival into trade spat

Firm hoped Embraer example could help in Boeing dispute as vote on duties looms

The United States International Trade Commission has rejected Bombardier Inc.’s request to reopen its case to include Embraer SA, two days before the commission is expected to rule on whether massive duties against imports of the CSeries should remain in place.

Bombardier spokesperson Simon Letendre confirmed Wednesday that the USITC had rejected the company’s request, adding that it was “disappointed” in the decision.

The USITC is expected to vote on Friday whether Boeing Co. suffered material injury as a result of Bombardier’s sale of its marquee CSeries jet to Delta Air Lines Ltd. Boeing launched the complaint last year, accusing the Montrealbased company of embarking on “an aggressive campaign to dump its CSeries aircraft in the United States” and offering the new jet to Delta at “an absurdly low price.”

In a submission made public on Tuesday, Bombardier urged the USITC to reopen the case to include Embraer’s E190-E2 jet, which the company said has the same nautical range as the scope of the ongoing investigation, making Boeing ’s argument that its 737 competes “head-to-head” with the CSeries incorrect.

Mike Nadolski, Bombardier’s vice-president of communication, said in a statement that 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 cited a FlightGlobal article that quoted Embraer’s vice-president of marketing as saying the improved fuel efficiency of the Embraer aircraft has allowed the company to increase the maximum range of its jet to 2,900 nautical miles.

“Embraer’s announcement, which came only as the factual record closed at the ITC, eviscerates the premise of Boeing ’s case,” Nadolski said.

“Boeing ’s previous attempts to exclude Embraer from the ITC’s analysis has resulted in a fundamentally flawed assessment of the market that we believe needs to be addressed.”

The USITC was originally scheduled to vote on the case Thursday, but had to postpone the decision by a day because of the recent U.S. government shutdown.

Embraer’s announcement ... eviscerates the premise of Boeing’s case.

RYAN REMIORZ/THE CANADIAN PRESS The U.S. trade commission will rule Friday on whether duties against imports of Bombardier’s CSeries are justified amid Boeing’s claims that the company is dumping the jets in the U.S.