DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,910

MAGNA SERVICES OF AMERICA, INC.
MAGNA AFTERMARKET, INC.
A SUBSIDIARY OF MAGNA INTERNATIONAL
GREENVILLE, MICHIGAN

Notice of Revised Determination
on Reconsideration

On October 10, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on October 22, 2008 (73 FR
63021).
The previous investigation initiated on August 20, 2008,
resulted in a negative determination issued on September 3, 2008,
was based on the finding that imports of outdoor home speakers
and lights did not contribute importantly to worker separations
at the subject firm and no shift in production to a foreign
source occurred. The denial notice was published in the Federal
Register on September 18, 2008 (73 FR 54174).
In the request for reconsideration, the petitioner provided
additional information regarding imports of outdoor home speakers
and lights and also requested the Department of Labor conduct
further analysis of imports of outdoor home speakers and lights.
The Department reviewed a major customer’s survey response
conducted during the initial investigation. On further analysis,
and contact with the customer it has been determined that the
customer increased imports of outdoor home speakers and lights
while decreasing their purchases from the subject firm during
January through July 2008 over the corresponding 2007 period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Magna
Services of America, Inc., Magna Aftermarket, Inc., a subsidiary
of Magna International, Greenville, Michigan, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Magna Services of America, Inc., Magna
Aftermarket, Inc., a subsidiary of Magna International,
Greenville, Michigan, who became totally or partially
separated from employment on or after August 18, 2007,
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."

Signed in Washington, D.C. this 5th day of November 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-63,910

MAGNA SERVICES OF AMERICA, INC.
MAGNA AFTERMARKET, INC.
A SUBSIDIARY OF MAGNA INTERNATIONAL
GREENVILLE, 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 (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 August 20, 2008, in
response to a petition filed by a state workforce office on behalf
of workers of Magna Services of America, Inc., Magna Aftermarket,
Inc., a subsidiary of Magna International, Greenville, Michigan.
The workers produce outdoor home speakers and lights.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import articles like or directly competitive with outdoor home
speakers and lights nor did they shift production of outdoor home
speakers and lights to a foreign country during 2006, 2007, or
January through July 2008.
The Department of Labor surveyed the subject firm's major
declining customers regarding purchases of outdoor home speakers
and lights in 2006, 2007, and January through July 2008. The
survey revealed no increased import purchases by the customers,
while reducing purchases from the subject firm.
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 assis-
tance (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 the
investigation, I determine that all workers of Magna Services of
America, Inc., Magna Aftermarket, Inc., a subsidiary of Magna
International, Greenville, Michigan 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 3rd day of September 2008


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







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