Yamaha to have support at dumping hearing

KENNESAW, Ga. – Lawyers for both sides will do most of the speaking, but several marine industry heavyweights stand ready to lend their support to Yamaha at the International Trade Commission’s Dec. 14 hearing on the engine dumping complaint filed by Brunswick Corp. last January.

Yamaha Motor Corp. U.S.A.’s Marine Group said in a press release this morning that Genmar, Godfrey Marine, Grady-White Boats, Maverick and Regulator will attend next Tuesday’s hearing in Washington, D.C., and will make presentations on its behalf if time allows.

A panel of six ITC Commissioners will hear testimony on Brunswick Corp.’s claims that it has been injured by the import and sale of outboard motors and powerheads from Japan. The ITC will vote on the issue of injury in February.

In an interview with Boating Industry magazine this morning, Yamaha Motor Corp. U.S.A. Marine Group President Phil Dyskow said his company is confident it has a good case to present.

“Obviously, we feel our position is strong and that we are going to prevail, but I’m sure Mercury does too, or they wouldn’t have pursued this as aggressively,” Dyskow said. “A lot of rhetoric has taken placed around the issue of dumping, but what the law protects U.S. companies from is injury from dumping, not dumping itself. So what Mercury now has to prove is that they’ve been financially injured, and their actions and their financial reporting to date would indicate otherwise.”

Dyskow said the quarterly reports issued by Mercury and Brunswick reveal a company that is thriving financially.

“Mercury sends out these glowing reports, and Brunswick sends out these glowing reports of how wonderful their business is, how profitable they are and how their market share is growing. And then you have the facts of the other boat companies they are buying and the other industry acquisitions they are pursuing.

“But in spite of all that, they have to go before the ITC and bare their soul, suddenly reverse all that information and say they are being terribly damaged financially by foreign competition. It will be a very interesting story to hear.”

Hearing format

Dyskow said that while several companies will be in attendance at next Tuesday’s hearing to testify on Yamaha’s behalf, they may or may not get that opportunity, depending on how much time the lawyers for each side use in making their respective cases.

The hearing will allow each side an opportunity to present opening arguments, then present their cases and then offer summations. Dyskow said the panel is “a broad cross section, representatives of both Democrats and Republicans, men and women. It appears to be a very fair and unbiased commission.”

He also said that when the ITC votes, Yamaha must win by “a clear majority.”

“If it’s a tie, Mercury wins,” Dyskow said.

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– Jon Mohr