US Commerce Confirms Duties On Canadian Aircraft

by Mike Godfrey, Tax-News.com, Washington

28 December 2017

On December 20, 2017, the US Department of Commerce confirmed a final dumping margin of 79.82 percent and a final subsidy rate of 212.39 percent against imports of 100-to 150-seat large civil aircraft from Canada.

The rates were announced in an affirmative final determination on the anti-dumping duty (AD) and countervailing duty (CVD) investigations first launched in May 2017 following a petition by Boeing against Canadian aircraft manufacturer Bombardier.

Using reported information from the Canadian, Quebec, and UK Governments and reported information from Bombardier, Commerce calculated a final subsidy rate of 212.39 percent for Bombardier – slightly lower than the preliminary determination of 219.63 percent issued in September.

A final anti-dumping margin of 79.82 percent was also announced, confirming the preliminary determination made in October. Commerce based Bombardier's final dumping margin on adverse facts available (AFA) because Bombardier failed to provide the information it requested. As a result, Commerce applied the sole dumping margin calculated in the petition for Canadian exports of aircrafts, which was 79.82 percent.

Commerce will now instruct US Customs and Border Protection to collect cash deposits applicable to the final weighted average anti-dumping margin and final subsidy rate. The US International Trade Commission (ITC) is scheduled to make a final determination on the case on February 1, 2018.

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