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Contingent Liabilities and Commitments
9 Months Ended
Feb. 28, 2019
Commitments And Contingencies Disclosure [Abstract]  
Contingent Liabilities and Commitments

NOTE F – Contingent Liabilities and Commitments

Legal Proceedings

We are defendants in certain legal actions.  In the opinion of management, the outcome of these actions, which is not clearly determinable at the present time, would not significantly affect our consolidated financial position or future results of operations.  We also believe that environmental issues will not have a material effect on our capital expenditures, consolidated financial position or future results of operations.

Voluntary Tank Replacement Program

In February 2019, our Structural Composites Industries, LLC subsidiary (“SCI”) agreed to participate in a tank replacement program for specific design sizes of its composite hydrogen fuel tanks, which are integrated into a customer’s hydrogen fuel cells used to fuel material handling equipment, primarily rider pallet jacks in warehouses.  The tanks being replaced were sold mainly between 2012 and 2015, and were designed to meet specified ISO-standards.  These tanks successfully passed a number of ISO-certification tests; however, because it was mistakenly determined these tanks would qualify as a “child” of a similar fully-tested tank, not all tests for full standalone ISO-certification were completed.  Since the identical carbon fiber used to manufacture most of these tanks is no longer commercially available, SCI cannot manufacture new units to retroactively complete this testing.  The tanks were supplied to a single customer.  The replacement program is underway and is expected to take approximately six months to complete.  In connection with this matter, we recorded a $13,000,000 charge to costs of goods sold during the third quarter of fiscal 2019 to reflect our estimated costs of replacing these tanks.  The actual cost incurred by the Company related to this matter may vary from the initial estimate.

A progression of the liabilities recorded in connection with this matter during fiscal 2019 is summarized in the following table:

 

Beginning

 

 

 

 

 

 

 

 

 

 

Ending

 

(in thousands)

Balance

 

 

Payments

 

 

Adjustments

 

 

Balance

 

Tank replacement costs

$

13,000

 

 

$

2,000

 

 

$

-

 

 

$

11,000

 

We believe these liabilities are sufficient to absorb our remaining direct costs related to the replacement program, which are expected to be paid in the next six months.