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Bombardier answers back:

Bombardier fights back after U.S. tags new duty on C Series sales

Anti-dumping decision quadrupling plane’s price called ‘deeply troubling’

  • Calgary Herald
  • 7 Oct 2017
  • ROSS MAROWITS
getimage.aspx?regionKey=gVBpF1rI7wo8RPko6PbIKA%3d%3dRYAN REMIORZ/ THE CANADIAN PRESS Bombardier staff work on C Series CS300 jets at the company’s plant in Mirabel, Que. The Montreal-based firm accused the U.S. of “hypocrisy” for similarly selling aircraft below production costs, as it decided to add an 80-per-cent anti-dumping duty Friday.

Bombardier Inc. accused the Trump administration of overreach by siding with Boeing in its bid to shut the C Series commercial jet from the world’s largest airline market by effectively quadrupling the price of any of the planes sold in the United States.

“It represents an egregious overreach and misapplication of the U.S. trade laws in an apparent attempt to block the C Series aircraft from entering the U.S. market,” the Montreal-based transportation manufacturer said in response to an additional 80-per-cent antidumping duty.

Bombardier said the Commerce Department has ignored aerospace industry realities, noting that Boeing’s own practice of selling aircraft below production costs for years after launch would fail the test used against the C Series.

“This hypocrisy is appalling, and it should be deeply troubling to any importer of large, complex, and highly engineered products,” the company said.

The decision intensifies political pressure on NAFTA negotiators ahead of next week’s resumption of talks among Canada, Mexico and the U.S.

The U.S. Commerce Department added 79.82 per cent to 219.63 per cent in preliminary countervailing tariffs it announced last week, once deliveries to Delta Air Lines begin next year.

“The United States is committed to free, fair and reciprocal trade with Canada, but this is not our idea of a properly functioning trading relationship,” stated Commerce Secretary Wilbur Ross.

“We will continue to verify the accuracy of this decision, while (doing) everything in our power to stand up for American companies and their workers.”

U.S. aerospace analyst Richard Aboulafia said the high duties will hurt C Series sales efforts to leasing companies and shut the plane out of the United States unless the U.S. International Trade Commission effectively ends the challenge in February.

“If the ITC doesn’t find that this damaged Boeing then this whole thing vanishes like a bad dream,” he said in an interview.

Aboulafia says the process appears to have been politicized, which requires authorities to detail their reasonings to avoid further damage to the international jetline sector.

Bombardier shares were largely unchanged on the news, adding two cents to close at $2.21 in Toronto trading.

Foreign Affairs Minister Chrystia Freeland said she was extremely disappointed, but not surprised given the “baseless and absurdly high” duties last week.

“Boeing is manipulating the U.S. trade remedy system to prevent Bombardier’s aircraft, the C Series, from entering the U.S. market despite Boeing’s admission that it does not compete with the C Series,” she said in a statement.

“Our government will continue to vigorously defend the interests of the Canadian aerospace industry and our aerospace workers against irresponsible and protectionist trade measures.”

Several U.S. senators and House members also expressed their unhappiness, calling the decision “short-sighted” because it threatens thousands of jobs across the country supported by Bombardier and its suppliers.

The latest duty matches the amount originally proposed by Boeing, before it revised its request to 143 per cent because of Bombardier’s refusal to provide certain information to the Commerce Department.

The Chicago-based aircraft giant said it welcomes the decision affirming its view that Bombardier sold the C Series to Delta at prices below production cost to illegally grab market share in the singleaisle airplane market.

“This determination confirms that, as Boeing alleged in its petition, Bombardier dumped its aircraft into the U.S. market at absurdly low prices,” it said in a news release.

Countervailing duties target what the U.S. considers unfair subsidies, while anti-dumping tariffs go after the alleged selling of imported products below mar- ket value.

A Bombardier union said it wasn’t surprised by the new duty given the 48-per-cent increase in the number of dumping allegations since the Trump administration took office.

“These tribunals are like the right arm of the large corporations of Boeing,” said Dave Chartrand, Quebec coordinator of the International Association of Machinists and Aerospace Workers.

He said workers will fight even harder to get the duty reversed.

“We will stand up and we will fight.”

Boeing petitioned the government in April after its smaller rival secured a deal for up to 125 of its CS100s with Delta in 2016. The firm order for 75 aircraft had a list price of US$5.6 billion, although large orders typically secure steep discounts.

Bombardier has repeatedly stressed that Americans will be hurt by the tariffs because more than half the content on the 100to 150-seat C Series is sourced by U.S. suppliers, including Pratt & Whitney engines.

The program is expected to generate more than US$30 billion in business over its life and support more than 22,700 American jobs in 19 states.

Boeing’s complaint has prompted a heavy political reaction from the Canadian government and British Prime Minister Theresa May, who fears job losses at Bombardier’s wing assembly facility in Northern Ireland.

Canada has threatened to cancel the planned purchase of 18 Super Hornets to temporarily augment Canada’s aging fleet of CF-18s.

Boeing is manipulating the U.S. trade remedy system to prevent Bombardier’s aircraft, the C Series, from entering the U.S. market.

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Quote

 

This would be a great opportunity for a company like Chorus Leasing to jump in and get the aircraft and lease them to Delta.  That would avoid the tariff and keep the money in Canada.

It would also entice others to do the same with a Canadian Leasing company.

 

I was thinking the same thing, but I was thinking just have Bombardier lease the aircraft themselves. Would they have to go through a secondary company or do they just need the money from the sales?

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18 minutes ago, mo32a said:

I was thinking the same thing, but I was thinking just have Bombardier lease the aircraft themselves. Would they have to go through a secondary company or do they just need the money from the sales?

I think the "Jones Act" would come into play. The Jones Act requires American ownership 

 

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I don't think the Jones Act applies to aviation, we're covered by US Code 41703.

Canadian and European registered aircraft have been operated in the US by US airlines, although it isn't an issue I have ever had a need to explore the regulatory logistics of.

Not sure they would get away with it for the explicit purpose of running a deliberate blockade through.

https://www.flickr.com/photos/edge-to-edge-photography/13005672655/

http://imgproc.airliners.net/photos/airliners/4/9/3/0136394.jpg

http://imgproc.airliners.net/photos/airliners/2/7/5/0142572.jpg

http://www.skystef.be/regi/oo-teh@1986-03@lax.jpg

https://upload.wikimedia.org/wikipedia/commons/3/36/OO-TEM_B737-2Q8_Southwest_(lsd_fm_TEA)_HOU_10OCT81_(6159022528).jpg

https://abpic.co.uk/pictures/full_size_0295/1442997-large.jpg

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47 minutes ago, J.O. said:

Delta has nearly 200 leased aircraft in their fleet that are foreign owned.

thanks for that information.  Foreign registered or just foreign owned?  I only ask because I would be surprised if the US would allow Delta to get around the duty / taxes by going that route. I guess only time will tell.

Quote

Register an Aircraft

 

Eligibility


An aircraft is eligible for U.S. Registration if it is not registered in another country and it is owned by:
  • An individual who is a United States citizen,
  • A partnership each of whose partners is an individual who is a U.S. citizen,
  • A corporation or association:
    • organized under the laws of the U.S. or a State, the District of Columbia, or a U.S. territory or possession,
    • of which the president and at least two-thirds of the board of directors and other managing officers are U.S citizens, and
    • in which at least 75% of the voting interest is owned or controlled by persons that are U.S. citizens,
  • An individual citizen of a foreign country lawfully admitted for permanent residence in the U.S.,
  • A U.S. governmental unit or subdivision
  • A non-U.S. citizen corporation organized and doing business under the laws of the U.S. or one of the States as long as the aircraft is based and primarily used in the U.S. (60% of all flight hours must be from flights starting and ending within the U.S.)

Super80, the Jones act does apply to aviation. 

 

Merchant Marine Act of 1920 -

The Merchant Marine Act of 1920, commonly known as the Jones Act, is a United States federal ... TheJones Act is not to be confused with the Death on the High Seas Act, another United States maritime law that does not apply to ... Originally a shipping term, cabotage now also covers aviation, railways, and road transport.
Cabotage Restrictions in the U.S. Overview Overview
  Working definition of cabotage: Working definition of cabotage: • • The carriage by non The carriage by non-U.S. operators, including Canadian U.S. operators, including Canadian carriers, of local traffic carriers, of local traffic– – i.e. i.e. passengers originating at passengers originating at one U.S. point and terminating at another U.S. point one U.S. point and terminating at another U.S. point– – for compensation or hire (Source: 49 USC for compensation or hire (Source: 49 USC § § 41703 and 41703 and § §294.81 of DOT 294.81 of DOT’ ’s Economic Regulations) 
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Ower, Operator and registrant are all different entities.  The ownership can be anyone in the world.  The operator is the airline operating it and th registrant can be anyone that holds the registration.  Generally this is the operator.  Delta's aircraft would all carry a US registration but the owner would be the leasing company.  Since the owner is not American the aircraft purchase would not be subject to the duties and tarrifs of the US.  The leased aircraft would be operated by delta but no owned by delta.

This is already very common practice to avoid taxation in certain regions.  Thats why so many business aircraft are registered in tax free countries but operated by american companies.

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Delta Takes Stage as It Battles Boeing

and Leads Airline Stock Price Recovery

Delta Air Lines will report earnings Wednesday and host reporters

next week. The carrier led an airline share price revival last week

and is battling Boeing after daring to order Bombardier jets.

TED REEDOct9,2017

TheStreet The coming two weeks will belong to Delta Air Lines Inc , a successful and self assured

airline that sparked an industry share price revival last week and is now battling uber-company Boeing Co.  (BA) in a trade dispute.

Delta will be the first airline to report third-quarter earnings on Wednesday,

Oct. 11. Next week, on Oct. 17, it will host airline reporters for media day at

its Atlanta headquarters.

The two events will keep Delta in the airline industry spotlight. The other

airlines will not report third-quarter results until after Delta's media day.

Delta's investor update on Oct. 3 included a moderately positive view of

third-quarter revenue trends that was enough to turn the tide in what has

generally been a beaten-down sector ever since Spirit Airlines Inc. (SAVE) executives said on a July earnings call that industry fare cutting was widespread.

"Recent Delta update suggests that Sep Q share price swoon was

overdone," wrote Deutsche Bank analyst Mike Linenberg in a note issued

Friday, Oct. 6.

"The Delta update implies that underlying demand for air travel remains

strong," Linenberg said.

In its update, Delta said third-quarter passenger revenue per available seat

mile will increase 2%, which includes a 1% decline due to "a one point

headwind related to Hurricane Irma." Delta had previously guided toward a

PRASM gain between 2% and 3%.

In a report issued Thursday, Oct. 5, Macquarie analyst Susan Donofrio said,

"Delta's 3Q guidance update on 10/3 was the most meaningful data point of

the week, with the group as a whole rallying significantly on the day.

 

This article is commentary by an independent contributor. At the time of publication,

the author held no positions in the stocks mentioned.

"While we are incrementally more optimistic on the broader fare

environment, we maintain our view that DAL's resilient 3Q revenue

performance is more of a confirmation of the airline's superior top line levers

versus a harbinger of better industry-wide pricing," Donofrio wrote.

Nevertheless, American Airlines Group Inc. (AAL) and United Continental Holdings Inc. (UAL) each gained about 6% on Oct. 3, while Delta, JetBlue Airways Corp. (JBLU-) and Spirit each gained about 7%.

Year to date, Southwest Airlines Co. (LUV) , up 17%, leads the

industry. American is up 10% and Delta is up 6%. Shares in the remaining

five major carriers are down for the year, ranging between a 2% decline at

Hawaiian Holdings Inc. (HA) and a 39% decline for Spirit.

Besides providing a boost to share prices for the entire industry, Delta has

also been distinguished by its unique willingness to challenge Boeing, a

powerful, politically connected company that dwarfs its airline customers, in

size as well as political influence.

American Airlines Says Investors Should Focus on Long Term - Good Luck With That

In April 2016, Delta signed a groundbreaking deal with Bombardier for 75 CS 100 jets

seating 110 passengers. Boeing does not make a similarly sized aircraft, but

nevertheless complained to the International Trade Commission, part of the

Commerce Department, that Bombardier sold below cost. The Commerce Department

is now calling for a 300% tariff.

"We think it's an absurd ruling," Delta CEO Ed Bastian told CNBC last month. "We

don't believe that will be the end of the story." Delta's first CS 100 delivery is

scheduled for 2018; Bastian is likely to comment further in the weeks ahead.

Seven years ago, Delta challenged Boeing over the Export-Import Bank, which often

provides financing when foreign carriers buy Boeing jets. Delta argued that U.S.

carriers didn't get similar deals.

Over time Delta's effort was superseded by extremist Republicans who argued that

the Ex-Im Bank was part of a government conspiracy to provide subsidies to favored

businesses. The bank was shut down for six months in 2015, but continues to operate.

As for Delta's third-quarter earnings, Cowen & Co. analyst Helane Becker reiterated

an outperform on the stock in a report issued Thursday. She has a $58 price target.

Delta shares closed Friday at $52.01.

"We expect key topics on the company's earnings release conference call will be US

domestic vs. international performance and management's long-term [unit cost]

guidance," Becker wrote. "We anticipate management will discuss the company's

recent decision to place all employees on the same rich profit-sharing plan."

 

Delta said last month it will bring all employee profit-sharing to the same level as its

pilots, who receive 10% of annual pretax profit up to $2.5 billion and 20% of profits

above $2.5 billion. The move took effect Oct. 1. Buckingham Research analyst Dan

McKenzie estimated the cost to Delta at about $150 million. He has a $70 target price

for Delta shares.

More of What's Trending on

TheStreet

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So it appears we are poking Boeing in the eye and going for used jets from Australia but of course there is always the fact that they are a Boeing Product and are supported by Boeing, so are we really achieving anything?

Canada takes first official step to buying used fighter jets from Australia
‎Today, ‎October ‎10, ‎2017, ‏‎4 hours ago | David Pugliese, Ottawa CitizenGo to full article
Canada has taken the first official step to purchasing used fighter jets from Australia as its dispute with Boeing continues unresolved.

The Canadian government has now submitted a formal expression of interest to Australia to acquire the aircraft, Public Services and Procurement Canada confirmed.

Canada began discussions in late August with the Australian government to assess the potential purchase of used F/A-18 fighter aircraft from that country. 

“On Sept. 29, 2017, Canada submitted an expression of interest, formally marking Canada’s interest in the Australian equipment,” Public Services and Procurement Canada announced in a new statement. “Canada expects to receive a response by the end of this year that will provide details regarding the availability and cost of the aircraft and associated parts that Canada is considering.”

The Australian jets are being considered as interim fighters. They would supplement Canada’s existing CF-18 fleet until a new aircraft could be acquired.

The move to try to acquire fighter jets from Australia coincides with the U.S. government’s decision, based on a Boeing complaint, to hit Bombardier with almost 300 per cent duties on its CSeries civilian passenger jet.

Prime Minister Justin Trudeau is expected to bring up the Boeing complaint and duties with U.S. President Donald Trump on Wednesday.

The Liberal government had wanted to buy 18 Super Hornet fighter jets but that plan was derailed when the jet’s manufacturer, Boeing, filed the trade complaint in April against Bombardier of Quebec over its civilian passenger jets.

Boeing complained to the U.S. government that Bombardier was receiving subsidies, which in turn allowed it to sell its C-Series civilian passenger aircraft at below-market prices.

The U.S. ruled in favour of the American aerospace giant and as a result, Bombardier will face duties of almost 300 per cent.

That move by Boeing, however, scuttled the Super Hornet deal and prompted Canada to look elsewhere for jets.

Defence Minister Harjit Sajjan recently said that Canada has looked at surplus fighter jets from Kuwait but those are not available at this time. He acknowledged Canada is now focused on the Australian jets. 

“We are going to be moving ahead with filling that capability gap,” Sajjan noted. “We are pursuing other options.”

I was a U.S. 'Hornet Admiral'—and I'm worried about Canada's air force capability
Canada won't buy Boeing aircraft until company drops trade complaint against Bombardier: Trudeau
Buying Super Hornet fighter jets would cost Canada more than $6B, U.S. government confirms
The Liberals have said they will eventually buy 88 new jets to replace the CF-18s.

Trudeau has said Boeing can forget about selling fighter jets to Canada as long as it tries to undercut thousands of Canadian jobs with its ongoing trade complaint against a Quebec aerospace firm. 

“We won’t do business with a company that is busy trying to sue us and put our aerospace workers out of business,” Trudeau said.

Boeing’s complaint has also drawn the ire of the government in the United Kingdom.

Parts of the C-Series are built in Northern Ireland.

The U.K.’s prime minister, Theresa May, has raised the issue with Trump. She has also warned that Boeing’s actions are jeopardizing future defence contracts with the U.K.

Marc Allen, Boeing’s president of international business, has said the company wanted to ensure a level playing field in the aerospace industry. He said Boeing believes that global trade only works if everyone plays by the same rules. That wasn’t the case for Bombardier, he added.

Boeing on Tuesday launched an advertising campaign to raise awareness of the company’s presence and annual impact on the nation’s economy.

Boeing’s critics point out it receives billions of dollars of subsidies from the U.S. government. Boeing is trying to undercut Bombardier, a potential competitor, Canadian government and industry officials say.

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for an interim substitute until they make a bloody decision on a new fighter platform, this is the right decision fiscally.  We already have the support infrastructure in place and no need for additional training.  It is a simple take delivery and start flying scenario.  having gone any other route would have sparked a whole manner of people complaining about the cost just as we saw with the super hornet deal.

this gives us planes on the cheap until a replacement is chosen.

 

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2 hours ago, boestar said:

for an interim substitute until they make a bloody decision on a new fighter platform, this is the right decision fiscally.  We already have the support infrastructure in place and no need for additional training.  It is a simple take delivery and start flying scenario.  having gone any other route would have sparked a whole manner of people complaining about the cost just as we saw with the super hornet deal.

this gives us planes on the cheap until a replacement is chosen.

 

I don't question the choice but how will they hold the line not to do business with Boeing when the new (used) jets will need support from Boeing?

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1 hour ago, Malcolm said:

I don't question the choice but how will they hold the line not to do business with Boeing when the new (used) jets will need support from Boeing?

We are already self supporting except maybe parts on the F-18.  It is no different from the status quo.   Would you prefer maybe selling all of the existing F-18s and buying something from another manufacturer?

This is an interim solution.IMHO better than the super hornet deal as there is no training or resupply requirements.  It is TurnKey. Now we can concentrate on purchasing the best aircraft for the Canadian Military. (which we will likely not choose)

 

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2 hours ago, boestar said:

We are already self supporting except maybe parts on the F-18.  It is no different from the status quo.   Would you prefer maybe selling all of the existing F-18s and buying something from another manufacturer?

This is an interim solution.IMHO better than the super hornet deal as there is no training or resupply requirements.  It is TurnKey. Now we can concentrate on purchasing the best aircraft for the Canadian Military. (which we will likely not choose)

 

I really don't care but since our PM said they would not do business with Boeing, I was curious how that could be, when current RCAF and the additional planes need Boeing support.

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Good pricing may be available ...

Britain's top defense firm cuts 2,000 jobs as fighter jet orders slow

by Alanna Petroff   @AlannaPetroffOctober 10, 2017: 7:49 AM ET
New fighter jet to train top pilots
New fighter jet to train top pilots
 
 

Defense contractor BAE Systems will slash nearly 2,000 jobs in Britain as it struggles to land big orders for its Eurofighter Typhoon fighter aircraft.

The company said Tuesday that up to 1,400 cuts would come from its aerospace division as production of the fighter jet slows. A total of 525 jobs will be lost across other BAE divisions.

"Sadly, what you see today has probably been inevitable for about 12 months," said Sandy Morris, an analyst at Jefferies.

BAE (BAESF) has produced more than 500 Eurofighter Typhoons. But major new orders for the multi-role fighter, which is produced in partnership with Airbus (EADSF) and the Italian defense firm Leonardo (FINMF), have not materialized.

 

http://money.cnn.com/2017/10/10/investing/bae-systems-2000-job-cuts-eurofighter-typhoon/index.html?iid=surge-story-summary

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Tough Talk but not much teeth in the threatened bite.

 
October 12, 2017 7:09 am
Updated: October 12, 2017 7:54 am

Justin Trudeau puts Donald Trump on notice over Bombardier tariffs

frisk-mug.jpg?quality=60&strip=all&w=40&By Adam FriskNational Online Journalist, Breaking News  Global News

ABOVE: Trudeau pressed Trump on Boeing, Bombardier trade spat

Prime Minister Justin Trudeau put Donald Trump on notice over the aerospace spat between Boeing and Bombardier, saying if the U.S. president goes ahead with the nearly 300 per cent tariffs on Bombardier, it will “block” the Canadian Armed Forces from purchasing Boeing fighter jets.

Speaking at the Canadian Embassy in Washington on Wednesday, Trudeau said he warned Trump that if U.S. authorities slap the tariffs on imports of Bombardier C-Series aircrafts, it will prevent the Canadian government form purchasing new fighter jets from Boeing.

“I highlighted to the president how we disagree vehemently with commerce’s decision to bring in countervailing and anti-dumping duties against Bombardier, that we feel this is not something that is warranted and quite frankly something that we look very negatively upon,” Trudeau said following a bilateral meeting with Trump. “The attempt by Boeing to put tens of thousands of aerospace workers out of work across Canada is not something we look on positively and I certainly mentioned that this was a block to us purchasing, making any military procurements from Boeing.”

READ MORE: Bombardier C-Series hit with 2nd tariff by U.S.

Last week, the U.S. Department of Commerce tacked on another 80 per cent of preliminary anti-dumping duties against Bombardier, adding to the nearly 220 per cent in preliminary countervailing tariffs added in September, on sales of CS100 commercials jets.

 Trudeau tells Trump it’s inconceivable to buy Boeing jets amid Bombardier dispute
Trudeau__848x480_1071555139749.jpg?w=670&quality=70&strip=all

“I did point out that it’s unacceptable what the U.S. Department of Commerce and Boeing have decided with respect to Bombardier. I said it’s inconceivable that we would make military purchases of Boeing aircraft if Boeing continues to behave in that way,” Trudeau, speaking in French, said. “It wasn’t an easy conversation but it was an important conversation to have.”

Boeing revised its request for anti-dumping duties to 143 per cent from around 80 per cent because of Bombardier’s refusal to provide certain information to the Commerce Department.

The U.S. aerospace giant petitioned the government in April after its smaller rival secured a deal for up to 125 of its CS100s with Delta in 2016.

The department’s preliminary countervailing duty findings agreed with Boeing that Bombardier benefited from improper government subsidies, giving it an unfair advantage when selling its CSeries jets south of the border.

WATCH: Trudeau praises ‘good faith’ meeting with Trump on NAFTA talks
2017-10-11T20-20-53.866Z--1280x720.jpg?w=670&quality=70&strip=all

Bombardier is hoping the high duties won’t stand when the Department of Commerce announces its final ruling in December. The key decision likely won’t come, however, until the U.S. International Trade Commission decides whether the Bombardier-Delta deal actually hurt Boeing’s business, a decision that’s not expected until early February.

READ MORE: Canadian industries concerned about knock-on effects of Bombardier tariffs

Boeing’s complaint has prompted a heavy political reaction from the Canadian government and British Prime Minister Theresa May, who fears job losses at Bombardier’s wing assembly facility in Northern Ireland.

Canada has threatened to cancel the planned purchase of 18 Super Hornets to temporarily augment Canada’s aging fleet of CF-18s.

With files from the Canadian Press

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I suspect that the only way to bring a rapid resolution is to give Trump a public win of some sort so he can put on his stupid red hat and tell an adoring crowd he is delivering more American jobs. That will probably mean shifting additional C Series work to Kansas.

Airbus for it's part is concerned if Boeing is successful here they will also target Delta's A330 and A350 orders pointing to the 787 cancellation.

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"Speaking at the Canadian Embassy in Washington on Wednesday, Trudeau said he warned Trump that if U.S. authorities slap the tariffs on imports of Bombardier C-Series aircrafts, it will prevent the Canadian government form purchasing new fighter jets from Boeing."

This line should read; 'squeaking from the safety of the Canadian Embassy' ... 

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Won’t purchase NEW fighters from Boeing. I mean, can you split hairs any finer than this? Well done, Justin. Hit ‘em with the old buy USED gambit. Take that, Boeing. 

Actually this might be somewhat of a savvy move. Trudeau gets a win by not buying new Boeing, but still buys Boeing, which is a win for Trump. If this cancels the tariff, it’s great for BBD and DAL.

Then, AC needs to pivot from the 13 B787 options and buy the A350 (with consideration from Trudeau in the form of what, who knows), and RCAF get the Eurofighter as their new future jet. If this country is interested in anything more than just begging Trump to back down, that is.

The truth will probably be more boring than that though.

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