TRW Integrated Chassis Systems, LLC; North American Braking Division; A Subsidiary of TRW Automotive Including On-Site Leased Workers From Adecco and DM Burr; Saginaw, Michigan; Negative Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance And Alternative Trade Adjustment Assistance

Topics:  TRW

Del Min Amy Chen
Department of Labor
October 29, 2014

[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64415-64416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25656]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,013]


TRW Integrated Chassis Systems, LLC; North American Braking 
Division; A Subsidiary of TRW Automotive Including On-Site Leased 
Workers From Adecco and DM Burr; Saginaw, Michigan; Negative 
Determinations Regarding Eligibility To Apply for Worker Adjustment 
Assistance And Alternative Trade Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor herein presents the 
results of an investigation regarding certification of eligibility to 
apply for worker adjustment assistance.
    Workers of a firm may be eligible for worker adjustment assistance 
if they satisfy the criteria of subsection (a) and (b) of Section 222 
of the Act, 19 U.S.C. 2272(a) and (b). For the Department of Labor to 
issue a certification for workers under Section 222(a) of the Act, 19 
U.S.C. 2272(a), the following three criteria must be met:

    (1) The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. 2272(a)(1)) requires that a significant number or 
proportion of the workers in such workers' firm, or an appropriate 
subdivision of the firm, have become totally or partially separated, 
or are threatened to become totally or partially separated
    (2) The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. 2272(a)(2)) may be satisfied in one of two ways:
    (A) Increased Imports Path:
    (i) Sales or production, or both, at the workers' firm must have 
decreased absolutely, AND
    (ii) imports of articles like or directly competitive with 
articles produced by such firm or subdivision have increased; and
    (iii) the increase described in clause (ii) contributed 
importantly to such workers' separation or threat of separation and 
to the decline in the sales or production of such firm or 
subdivision.
    (B) Shift in Production Path:
    (i) There has been a shift in production by such workers' firm 
or subdivision to a foreign country of articles like or directly 
competitive with articles which are produced by such firm or 
subdivision; and
    (ii)(I) the country to which the workers' firm has shifted 
production of the articles is a party to a free trade agreement with 
the United States;
    (II) the country to which the workers' firm has shifted 
production of the articles is a beneficiary country under the Andean 
Trade Preference Act, African Growth and Opportunity Act, or the 
Caribbean Basin Economic Recovery Act; or

[[Page 64416]]

    (III) there has been or is likely to be an increase in imports 
of articles that are like or directly competitive with articles 
which are or were produced by such firm or subdivision.

    For the Department to issue a secondary worker certification under 
Section 222(b) of the Act, 19 U.S.C. Sec.  2272(b), to workers of a 
Supplier or a Downstream Producer, the following criteria must be met:

    (1) A significant number or proportion of the workers in the 
workers' firm or an appropriate subdivision of the firm have become 
totally or partially separated, or are threatened to become totally 
or partially separated;
    (2) the workers' firm is a Supplier or Downstream Producer to a 
firm that employed a group of workers who received a certification 
of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a), 
and such supply or production is related to the article that was the 
basis for such certification; and
    (3) either
    (A) the workers' firm is a supplier and the component parts it 
supplied to the firm described in paragraph (2) accounted for at 
least 20 percent of the production or sales of the workers' firm; or
    (B) a loss of business by the workers' firm with the firm 
described in paragraph (2) contributed importantly to the workers' 
separation or threat of separation.

    Section 222(c) of the Act, 19 U.S.C. 2272(c), defines the terms 
``Supplier'' and ``Downstream Producer.''
    The investigation was initiated in response to a petition filed on 
January 13, 2014 by a company official on behalf of workers of TRW 
Integrated Chassis Systems, LLC, North American Braking Division, a 
subsidiary of TRW Automotive, Saginaw, Michigan (TRW Integrated Chassis 
Systems). The workers' firm is engaged in activities related to the 
production of rotor and knuckle components and brake corners. The 
workers are not separately identifiable by article produced. The 
subject worker group includes on-site leased workers from Adecco and DM 
Burr.
    Workers of the subject firm are eligible to apply for Trade 
Adjustment Assistance (TAA) under petition TA-W-71,662, which expired 
on September 30, 2011.
    The petition states ``At this time our customer . . . has decided 
to source our product to other suppliers''.
    During the course of the investigation, information was collected 
from the workers' firm and its customers.
    With respect to Section 222(a)(2)(B) of the Act, the investigation 
revealed that the subject firm did not shift production of rotor and 
knuckle components and brake corners to a foreign country.
    With respect to Section 222(a)(2)(A)(ii) of the Act, the 
investigation revealed subject firm, customer, and aggregate U.S. 
imports of articles like or directly competitive with the rotor and 
knuckle components and brake corners produced by TRW Integrated Chassis 
Systems have not increased during the relevant period.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that TRW Integrated Chassis Systems is not a Supplier to a 
firm that employed a group of workers who received a certification of 
eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a).
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that TRW Integrated Chassis Systems that does not act as a 
Downstream Producer to a firm that employed a group of workers who 
received a certification of eligibility under Section 222(a) of the 
Act, 19 U.S.C. 2272(a), based on an increase in imports from, or a 
shift in production to, Canada or Mexico.
    In order for the Department to issue a certification of eligibility 
to apply for alternative trade adjustment assistance (ATAA), the worker 
group must be certified eligible to apply for trade adjustment 
assistance. Since the workers are denied eligibility to apply for TAA, 
the workers cannot be certified eligible for ATAA.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that all workers of TRW Integrated Chassis Systems, LLC, 
North American Braking Division, a subsidiary of TRW Automotive, 
including on-site leased workers from Adecco and DM Burr, Saginaw, 
Michigan, are denied eligibility to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974, as amended, and are also 
denied eligibility to apply for alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974, amended.

    Signed in Washington, DC this 26th day of February, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.

    Editorial Note: This document was received for publication by 
the Office of Federal Register on October 23, 2014.

[FR Doc. 2014-25656 Filed 10-28-14; 8:45 am]
BILLING CODE 4510-FN-P