menu
  • Our Story

    • Overview
    • Careers
    • Locations
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Community Involvement
    • Firm Leadership
    • History
    • Alumni
    • Affiliations
    • Media Inquiries
    • Make a Payment
  • Our People

  • Our Insights

    • Events/CLE
    • Publications
    • News
    • Blogs
  • Our Practices & Industries

    • Business
      • Business Transitions
      • Construction
      • Corporate, Securities and M&A
      • ERISA, Life, Health & Disability
      • Finance & Banking
      • Immigration
      • Intellectual Property Transactions
      • Labor, Employment & Benefits
      • Private Client Services
      • Private Investment Funds
      • Real Estate
      • Startups & Emerging Companies
      • Tax
      • Wage & Hour
    • Litigation
      • Antitrust, Competition, & Trade
      • Appellate
      • Class Actions
      • Commercial Litigation
      • Construction
      • Creditors' Rights & Bankruptcy
      • Electronic Discovery, Technology & Strategy
      • ERISA, Life, Health & Disability
      • Fiduciary Litigation
      • Financial Institutions Litigation & Investigations
      • Insurance
      • Intellectual Property Litigation
      • International Arbitration
      • Labor, Employment & Benefits
      • Securities & Corporate Governance Litigation
      • Wage & Hour
    • Industries
      • Blockchain & Cryptocurrency
      • Food, Beverage & Hospitality
      • Government Law
      • Investigations, Compliance & White Collar
      • Japan Practice
      • Nonprofit & Social Enterprise
      • Privacy & Data Security
      • Senior Living & Long Term Care
      • Transportation
    • Services
      • COVID-19 Landlord/Tenant Response Team
      • COVID-19 Resource Center
      • Cyber Health Assessment
      • Lumos Discovery
  • Our Locations

    • Anchorage
    • Portland
    • Seattle
  • Our Careers

    • Attorneys
    • Summer Associates
    • Professional Staff
  • Our Diversity

    • Diversity, Equity & Inclusion
    • Our Story
Lane Powell Web Site
  • OUR PEOPLE
  • STORY
  • INSIGHTS
  • PRACTICES & INDUSTRIES
Search
  • 日本語
  • 中文
  • 한국어
Email this pagePrint this pagePrint to PDF

Topics

  • Aviation
  • Transportation

Related People

  • Hans N. Huggler

Related Practices & Industries

  • Transportation
  • Antitrust, Competition, & Trade
October 3, 2017Publication

Bombardier Update

Transportation Legal Update

Lane Powell previously analyzed the trade dispute over the Bombardier C Series aircraft underway in the U.S. International Trade Commission (ITC).

On September 26, the U.S. Department of Commerce announced an affirmative, preliminary determination that Bombardier received anticompetitive subsidies from the governments of Quebec and Canada. The Department of Commerce ordered U.S. Customs and Border Protection to collect a countervailing duty of 219.63 percent on all passenger aircraft with 100- to 150-person capacity imported from Canada, effectively targeting only the C Series.

The Governments of Canada, and Quebec, and Bombardier responded swiftly with statements condemning the move. The response from the Government of Canada also continues to put in doubt its plans to purchase fighter jets and other military aircraft from Boeing, which petitioned the ITC to impose a duty.

The Department of Commerce intends to release its determination on antidumping duties to be levied against the C Series in December 2017, and at that time will release a final determination on the countervailing duties to be imposed. Countervailing duties are intended to offset anticompetitive government subsidies of products sold in the United States, while antidumping duties are intended prevent the anticompetitive importing and sale of goods at less than fair-market value. Once the Department of Commerce makes those determinations, the ITC will consider the evidence and make its final determination on duties, expected in early 2018.

ITC determinations are appealed to the U.S. Court of Appeals for the Federal Circuit. Involvement by the World Trade Organization (WTO) is also likely, as the WTO appointed a panel to investigate C Series subsidies at the request of Embraer, the Brazilian aircraft manufacturer which markets the competing E-195 aircraft.

Lane Powell’s Antitrust and Trade Regulation and Transportation Teams will monitor continuing developments in this dispute and provide updates as they occur.

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

back to top
  • Our Story

    • Overview
    • Careers
    • Locations
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Community Involvement
    • Firm Leadership
    • History
    • Alumni
    • Affiliations
    • Media Inquiries
    • Make a Payment
  • Our People

    • Our Insights

      • Events/CLE
      • Publications
      • News
      • Blogs
    • Our Practices & Industries

      • Business
      • Litigation
      • Industries
      • Services
      • View All

    Blogs

    Boom: The ERISA Law Blog
    Earth & Table Law Reporter

    • Site Map
    • Disclaimer
    • Data Privacy & Security
    • Contact Us
    • Subscribe
    © 2021 Lane Powell PC Lane Powell & LP
    Logo, Reg. U.S. Pat. & Tm. Off.
    Sitemap
    Connect With Us
    • Twitter
    • Facebook
    • Linkedin
    • Vimeo
    • Make a Payment