On April 27, 2017, Petitioner The Boeing Company filed a petition for the imposition of antidumping and countervailing duties on imports of 100-to 150-Seat Large Civil Aircraft from Canada.


The merchandise covered by this petition is aircraft that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below.

“Standard 100- to 150-seat two-class seating capacity” refers to the capacity to seat 100 to 150 passengers on commercial airline routes, when the aircraft contain 8 passenger seats configured for a 36-inch pitch, and the remaining passenger seats are configured for a 32-inch pitch (regardless of actual seating configuration). For example, aircraft with a “standard 100- to 150-seat two-class seating capacity” can be configured with fewer than 100 seats (e.g., a CS100 with an all business class configuration). “Pitch” refers to the distance between a point on one seat and the same point on the seat in front of it.

Having a “minimum 2,900 nautical mile range” means:

  1. able to transport between 100 and 150 passengers and their luggage on routes equal to or longer than 2,900 nautical miles; or
  2. covered by a U.S. Federal Aviation Administration (“FAA”) type certificate or supplemental type certificate that also covers other aircraft with a minimum 2,900 nautical mile range.

The scope includes all aircraft covered by the description above, regardless of whether they enter the United States fully or partially assembled, and regardless of whether, at the time of entry into the United States, they are approved for use by the FAA.

The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 8802.40.00.40. Although this HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.


The Boeing Company 100 North Riverside Chicago, Illinois 60606


Robert T. Novick, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006


Canada: 80.50%


Canada: 79.41%


Bombardier Inc. 800, boulevard René-Lévesque West Montréal (Québec) H3B 1Y8


Delta Air Lines, Inc. 1030 Delta Boulevard Atlanta, GA 30354-1989


Bombardier has not yet exported any Aircraft from Canada to the United States, but Bombardier has undertaken aggressive marketing and sales efforts in the United States, and those efforts are already having a direct harmful impact on the domestic industry.

Delta has purchased 75 C Series aircraft and is scheduled to begin taking delivery in 2018. Delivery will likely occur in Canada, after which Delta or one of its affiliates will import the subject merchandise into the United States.