DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,775

AMERICAN FIBRIT
AUTOMOTIVE GROUP
A WHOLLY OWNED SUBSIDIARY OF JOHNSON CONTROLS, INC.
BATTLE CREEK, MICHIGAN

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 (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. 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
3. 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.

The investigation was initiated on October 12, 2004 in
response to a petition filed by a company official on behalf of
workers at American Fibrit, Automotive Group, a wholly owned
subsidiary of Johnson Controls, Inc., Battle Creek, Michigan.
The affected worker groups at the subject firm's Automotive
Group produce Saturn instrument panels, GM Grand Prix door
panels, and Mercedes door panels; and are separately
identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met for the workers engaged in the
production of Saturn instrument panels.
The investigation revealed that the subject firm did not
import Saturn instrument panels during the period of January
through September 2004 when compared to the same period in 2003,
nor did it shift production of Saturn instrument panels abroad
during the period of January through September 2004 when
compared to the same period in 2003.
The investigation further revealed that the predominant
cause of layoffs was unrelated to imports. Production of the
Saturn instrument panel ceased because the new Saturn models no
longer use the instrument panel made by the affected workers.
The investigation revealed that criterion (a)(2)(B) was met
for the workers engaged in the production of GM Grand Prix door
panels.
The investigation revealed that employment declined
absolutely during the period of January through September 2004
when compared to the same period in 2003. The production of GM
Grand Prix door panels at the subject firm shifted to a country
(Canada) that is a party to a free trade agreement with the
United States.
The investigation revealed that criteria (a)(2)(A)(I.C)and
(a)(2)(B)(II.B) were not met for the workers engaged in the
production of Mercedes door panels.
The investigation revealed that the subject firm did not
import Mercedes door panels during the period of January through
September 2004 when compared to the same period in 2003, nor did
it shift production of Mercedes door panels abroad during the
period of January through September 2004 when compared to the
same period in 2003.
The investigation revealed that the production of Mercedes
door panels is being shifted from the subject facility to
another domestic location of Johnson Controls.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program that
the Department must consider under Section 246 of the Trade Act
are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that the criterion (2) has
not been met for the workers of the firm producing GM Grand Prix
door panels.
The skills possessed by the workers engaged in the
production of GM Grand Prix door panels are easily transferable
in the local area.
In order for the Department to issue a certification of
eligibility to apply for ATAA, worker groups must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers of the subject firm engaged in the production of
Saturn instrument panels and Mercedes door panels are denied
eligibility to apply for TAA, the these workers cannot be
certified as eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
of GM Grand Prix door panels from the American Fibrit,
Automotive Group, a wholly owned subsidiary of Johnson Controls,
Inc., Battle Creek, Michigan, to Canada of articles that are
like or directly competitive with those produced by the subject
firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of American Fibrit, Automotive Group, a wholly
owned subsidiary of Johnson Controls, Inc., Battle Creek,
Michigan, engaged in employment related to the production
of GM Grand Prix door panels, who became totally or
partially separated from employment on or after October 7,
2003, through two years from the date of certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974;" and
I further determine that workers of American Fibrit,
Automotive Group, a wholly owned subsidiary of Johnson Controls,
Inc., Battle Creek, Michigan, engaged in employment related to
the production of Saturn instrument panels and Mercedes door
panels, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
I further determine that workers of American Fibrit,
Automotive Group, a wholly owned subsidiary of Johnson Controls,
Inc., Battle Creek, Michigan, engaged in employment related to
the production of GM Grand Prix door panels, Saturn instrument
panels and Mercedes door panels are denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D. C. this 18th day of November 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance