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In a submission made public on Tuesday, Bombardier urged the USITC to reopen the case to include Embraer’s E190-E2 jet, which the company said has the same nautical range as the scope of the ongoing investigation, making Boeing’s argument that its 737 competes “head-to-head” with the CSeries incorrect.

Mike Nadolski, Bombardier’s vice president of communication, said in a statement that Boeing’s claims have been “disingenuous, starting with its demand that the U.S. government ignore Embraer’s role in the market, while it secretly sought to buy Embraer.”

Bombardier cited a FlightGlobal article that quoted Embraer’s vice-president of marketing as saying the improved fuel efficiency of the Embraer aircraft has allowed the company to increase the maximum range of its jet to 2,900 nautical miles.

“Embraer’s announcement, which came only as the factual record closed at the ITC, eviscerates the premise of Boeing’s case,” Nadolski said. “Boeing’s previous attempts to exclude Embraer from the ITC’s analysis has resulted in a fundamentally flawed assessment of the market that we believe needs to be addressed.”

The USITC was originally scheduled to vote on the case Thursday, but had to postpone the decision by a day because of the recent government shutdown.

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