DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,378

BORGWARNER DIVERSIFIED TRANSMISSION PRODUCTS
TORQTRANSFER SYSTEMS DIVISION
A SUBSIDIARY OF BORGWARNER, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM MANPOWER
MUNCIE, INDIANA

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;

II. 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 or
service that was the basis for such certification; and

III. 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(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on June 24, 2009, on behalf of workers of BorgWarner
Diversified Transmission Products, TorqTransfer Systems
Division, a subsidiary of BorgWarner, Inc., Muncie, Indiana
(BorgWarner). The workers produce transfer cases for the
automotive industry. The worker group includes on-site leased
workers from Manpower.
The investigation revealed that workers of BorgWarner, who
are engaged in employment related to the production of
transfer cases, meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been satisfied because workers of
BorgWarner produced and sold transfer cases to Ford Motor
Company, Louisville Assembly Plant, Vehicle Operation Division,
Louisville, Kentucky, to be incorporated into vehicles.
Workers of Ford Motor Company are covered by certification
number TA-W-62,214 issued based on increased aggregate imports
of vehicles.
Criterion III has been met because the loss of sales of
transfer cases produced by BorgWarner and sold to the Ford
Motor Company, Louisville Assembly Plant contributed
importantly to worker separations at BorgWarner.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BorgWarner
Diversified Transmission Products, TorqTransfer Systems
Division, a subsidiary of BorgWarner, Inc., including on-site
leased workers from Manpower, Muncie, Indiana, who are engaged
in employment related to the production of transfer cases 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 Diversified Transmission
Products, TorqTransfer Systems Division, a subsidiary of
BorgWarner, Inc., including on-site leased workers from
Manpower, Muncie, Indiana, who became totally or partially
separated from employment on or after June 22, 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 September, 2009



/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance