DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,471

THE WALKER AUTO GROUP, INC.
MIAMISBURG, OHIO


Notice of Negative Determination
Regarding Application for Reconsideration

By application dated March 4, 2010, a representative of the
State of Ohio requested administrative reconsideration of the
Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The negative
determination was signed on January 8, 2010. The Department’s
Notice of determination was published in the Federal Register on
February 16, 2010 (75 FR 7039).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or

(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the TAA petition filed on
behalf of workers at The Walker Auto Group, Inc., Miamisburg,
Ohio, was based on the finding that the subject firm did not
shift abroad the supply of automotive sales or services or
increase imports of automotive sales services during the
relevant period, and that the workers did not produce an article
or supply a service that was used by a firm with TAA-certified
workers in the production of an article or supply of a service
that was the basis for TAA-certification.
In the request for reconsideration, the petitioner stated
that the workers of the subject firm should be eligible for TAA
because the Walker Auto Group, Inc., Miamisburg, Ohio, supplies
a service (sales and service of Pontiac automobiles)” and “A
required minimum of the workforce has been laid off in the 12
months preceding the date of the petition or is threatened with
layoffs . . .” and increased imports of articles or services
contributed importantly to an actual decline in sales or
production of like or directly competitive articles or services
at the workers’ firm and to the workers’ layoff or threat of a
layoff.” The petitioner further states that the “well-
documented . . . import of foreign-made automobiles has
increased continually for years, contributing importantly to an
actual decline in sales and production of Pontiac cars. . . .
The service The Walker Auto Group, Inc. provided was based on
the continued production of Pontiac automobiles, therefore the
increases of imported cars contributed importantly to the
workers’ layoff and, for those who remain, the threat of layoff
at the end of 2010.”
The initial investigation revealed that the subject firm
did not shift abroad the supply of automotive sales or services
or increase imports of automotive sales services during the
relevant period.
No survey of the subject firm’s major declining customers
regarding their purchases of imported automotive sales or
services was done because the subject firm sells retail to
individual customers, and there is no major purchaser.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration,
the Department determines that 29 CFR 90.18(c) has not been met.


Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 23rd day of April, 2010

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,471

THE WALKER AUTO GROUP, INC.
MIAMISBURG, OHIO

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers’ firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers’ firm was directly incorporated have
increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.

III. The third criterion requires that the increase in imports
or shift/acquisition must have contributed importantly to
the workers’ separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer”. For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm
under Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be
satisfied if the following criteria are met:
(1) the workers’ firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on October 1, 2009 by an Ohio one-stop operator on behalf
of workers of The Walker Auto Group, Inc., Miamisburg, Ohio.
The workers were engaged in employment related to the supply of
sales and repair service for new and used automobiles.
The petitioner alleges that aggregate imports of vehicles
have affected the services provided by the workers.
The investigation included a review of company data, phone
conversations with petitioners and company officials, and email
correspondence.
With respect to Section 222(a) of the Act, the
investigation revealed that criteria (2)(A) and (2)(B) have not
been met.
The subject firm did not shift abroad the supply of
automotive sales or services or increase imports of automotive
sales services during the relevant period.
With respect to Section 222(c) of the Act, the
investigation revealed that criterion (2) has not been met
because the workers did not produce an article or supply a
service that was used by a firm with TAA-certified workers in
the production of an article or supply of a service that was the
basis for TAA-certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the subject firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Walker Auto
Group, Inc., Miamisburg, Ohio who are engaged in employment
related to the supply of automotive sales services are denied
eligibility to apply for adjustment assistance under Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 8th day of January, 2010

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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