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CEO Alain Bellemare says the transport giant needs an Alabama assembly line regardless of whether the United States proceeds with massive duties on imports of the company's C Series commercial jets.

But Bombardier argues that Boeing isn't threatened by the sales of the C Series because it doesn't sell an 100-seat airplane to suit the needs of airlines like Delta, which ordered 75 planes in April 2016 to update its fleet.

The U.S. International Trade Commission (ITC) will make a final decision early next year in the case. Boeing said Bombardier hurt its chances of selling its 737 airplane in the USA, which Bombardier denies. Speaking after the verdict, Bombardier said, "Unfortunately, the Commerce Department decision is divorced from...reality and ignored long-standing business practices in the aerospace industry, including launch pricing and the financing of multibillion dollar aircraft programs".

"Today's decision validates Boeing's complaints regarding Bombardier's pricing in the United States, pricing that has harmed our workforce and US industry", Boeing said in a statement.

The decision also included language that could disrupt Bombardier's plan to circumvent the tariff by completing final assembly of CSeries aircraft ordered by USA airlines in Mobile, Alabama.

The Commerce Department's decision comes as the Trump Administration takes a hard line on trade practices it views as hurting American workers.

If Bombardier wins, Chicago-based Boeing says its smallest 737 model could face unfair competition from the CSeries for decades.

"Boeing's assertion that future imports from Canada threaten to cause material injury is necessarily based on just the type of "speculation and conjecture" that is prohibited under both USA and worldwide law", MacNaughton told the panel.

Delta is expected to wait for that new plant to open before taking delivery of their order. The plan would create a new wrinkle because the planes would effectively be a USA product.

Boeing says that should not negate the duties because Airbus and Bombardier would import fuselages and wings and merely be assembling in the United States.

Bombardier said it turned over the Delta sales contract but can not accurately estimate the cost and price of those planes because they are being built and delivered in coming years.

"Boeing is using its meritless complaint as cover to close the USA market, which is one of the biggest in the world, to new entrants such as Bombardier's C Series aircraft", he said. The case has been a sore point in U.S.

Bombardier also argues that Boeing and Airbus do not compete with the CSeries because their planes are larger and have more range.

The company's statement is an echo of one made by Canada's ambassador to the United States, David MacNaughton.