Petitioner Type: Union
Impact Date:
Filed Date: 05/02/2008
Most Recent Update: 07/23/2008
Determination Date: 07/23/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,295
VISTEON CORPORATION REGIONAL ASSEMBLY
& MANUFACTURING LLC
FUEL DELIVERY – CLIMATE GROUP DIVISION
CONCORDIA, MISSOURI
Notice of Negative Determination
on Reconsideration
On September 4, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on September 18, 2008 (73 FR
54171).
The initial investigation resulted in a negative
determination based on the finding that imports of automotive
fuel tanks did not contribute importantly to worker separations
at the subject firm and no shift of production to a foreign
source occurred.
The petitioner requested that workers of Visteon Corporation
Regional Assembly & Manufacturing LLC, Fuel Delivery – Climate
Group Division, Concordia, Missouri be considered eligible for
TAA as a secondary affected company. The petitioner provided a
list of TAA certified companies to which the subject firm
allegedly supplied components during the relevant time period.
A company official was contacted to verify whether the
subject firm supplied automotive fuel tanks to the companies and
locations provided by the petitioner. The company official stated
that Visteon Corporation Regional Assembly & Manufacturing LLC,
Fuel Delivery – Climate Group Division, Concordia, Missouri did
not directly sell to these certified locations and that these
specific production facilities were not customers of the subject
firm during the relevant time period. The Department conducted a
further investigation and determined that none of the customers
of the subject firm were certified eligible for TAA during the
relevant time period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Visteon
Corporation Regional Assembly & Manufacturing LLC, Fuel Delivery
– Climate Group Division, Concordia, Missouri.
Signed at Washington, D.C. this 2nd day of October, 2008.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,295
VISTEON CORPORATION REGIONAL ASSEMBLY
& MANUFACTURING LLC
FUEL DELIVERY – CLIMATE GROUP DIVISION
CONCORDIA, MISSOURI
Negative Determination 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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C) were not met.
The investigation was initiated on May 2, 2008, in response to
a petition filed by the United Automobile, Aerospace & Agricultural
Implement Workers of America International Union (UAW) Local 710 on
behalf of workers of Visteon Corporation Regional Assembly &
Manufacturing LLC, Fuel Delivery - Climate Group Division,
Concordia, Missouri. The workers at the subject firm produce
automotive fuel tanks.
The investigation revealed that the subject firm did not
import automotive fuel tanks nor was there a shift in production of
automotive fuel tanks to a foreign country during 2006, 2007, or
January through April 2008.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of automotive fuel
tanks. The survey revealed no import purchases of automotive fuel
tanks during the relevant period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). 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 this
investigation, I determine that all workers of Visteon Corporation
Regional Assembly & Manufacturing LLC, Fuel Delivery - Climate
Group Division, Concordia, Missouri, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 23rd day of July, 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 2 -
Employment and Training Administration
TA-W-63,295
VISTEON CORPORATION REGIONAL ASSEMBLY
& MANUFACTURING LLC
FUEL DELIVERY – CLIMATE GROUP DIVISION
CONCORDIA, MISSOURI
Notice of Negative Determination
on Reconsideration
On September 4, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on September 18, 2008 (73 FR
54171).
The initial investigation resulted in a negative
determination based on the finding that imports of automotive
fuel tanks did not contribute importantly to worker separations
at the subject firm and no shift of production to a foreign
source occurred.
The petitioner requested that workers of Visteon Corporation
Regional Assembly & Manufacturing LLC, Fuel Delivery – Climate
Group Division, Concordia, Missouri be considered eligible for
TAA as a secondary affected company. The petitioner provided a
list of TAA certified companies to which the subject firm
allegedly supplied components during the relevant time period.
A company official was contacted to verify whether the
subject firm supplied automotive fuel tanks to the companies and
locations provided by the petitioner. The company official stated
that Visteon Corporation Regional Assembly & Manufacturing LLC,
Fuel Delivery – Climate Group Division, Concordia, Missouri did
not directly sell to these certified locations and that these
specific production facilities were not customers of the subject
firm during the relevant time period. The Department conducted a
further investigation and determined that none of the customers
of the subject firm were certified eligible for TAA during the
relevant time period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Visteon
Corporation Regional Assembly & Manufacturing LLC, Fuel Delivery
– Climate Group Division, Concordia, Missouri.
Signed at Washington, D.C. this 2nd day of October, 2008.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,295
VISTEON CORPORATION REGIONAL ASSEMBLY
& MANUFACTURING LLC
FUEL DELIVERY – CLIMATE GROUP DIVISION
CONCORDIA, MISSOURI
Negative Determination 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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C) were not met.
The investigation was initiated on May 2, 2008, in response to
a petition filed by the United Automobile, Aerospace & Agricultural
Implement Workers of America International Union (UAW) Local 710 on
behalf of workers of Visteon Corporation Regional Assembly &
Manufacturing LLC, Fuel Delivery - Climate Group Division,
Concordia, Missouri. The workers at the subject firm produce
automotive fuel tanks.
The investigation revealed that the subject firm did not
import automotive fuel tanks nor was there a shift in production of
automotive fuel tanks to a foreign country during 2006, 2007, or
January through April 2008.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of automotive fuel
tanks. The survey revealed no import purchases of automotive fuel
tanks during the relevant period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). 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 this
investigation, I determine that all workers of Visteon Corporation
Regional Assembly & Manufacturing LLC, Fuel Delivery - Climate
Group Division, Concordia, Missouri, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 23rd day of July, 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 2 -