DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,248

BORGWARNER TURBOS
A SUBSIDIARY OF BORGWARNER, INC.
TURBO AND EMISSION SYSTEMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO STAFFING
ARDEN, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker 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.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports 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.

The investigation was initiated in response to a petition
filed on May 20, 2009, on behalf of workers of BorgWarner
Turbos, a subsidiary of BorgWarner, Inc., Turbo and Emission
Systems Division, Arden, North Carolina (BorgWarner Turbos).
The workers produce turbochargers for diesel applications. The
workers are not separately identifiable by product line. The
worker group includes on-site leased workers from Adecco
Staffing. The worker group does not include workers covered by
petition TA-W-64,934 (BorgWarner Morse TEC, Ithaca, New York).
The investigation revealed that workers of BorgWarner
Turbos who are engaged in employment related to turbochargers
for diesel applications meet the criteria for certification.
Section 222(a)(1) has been met because a significant
proportion or number of workers has been separated from
BorgWarner Turbos in January through April 2009 when compared
with the corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of turbochargers for diesel applications by
BorgWarner Turbos have decreased during January through April
2009 when compared with the corresponding 2008 period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with turbochargers for
diesel applications by BorgWarner Turbos have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports by customers of articles like or
directly competitive with turbochargers produced by BorgWarner
Turbos contributed importantly to the worker group separations
and sales/production declines at BorgWarner Turbos.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BorgWarner Turbos, a
subsidiary of BorgWarner, Inc., Turbo and Emission Systems
Division, Arden, North Carolina, who are engaged in employment
related to turbochargers for diesel applications meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:









"All workers of BorgWarner Turbos, a subsidiary of
BorgWarner, Inc., Turbo and Emission Systems Division,
including on-site leased workers from Adecco Staffing,
Arden, North Carolina, who became totally or partially
separated from employment on or after May 19, 2008, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on the date of certification through two
years from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 30th day of November, 2009

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance