DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,458

CHRYSLER FINANCIAL SERVICES AMERICAS, LLC
A SUBSIDIARY OF FINCO INTERMEDIATE HOLDING CO., LLC
TROY CUSTOMER CONTACT CENTER
TROY, MICHIGAN

Notice of Negative Determination
on Reconsideration

On September 21, 2010, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Chrysler Financial Services
Americas, LLC, a subsidiary of FinCo Intermediate Holding Co.,
LLC, Troy Customer Contact Center, Troy, Michigan (subject firm).
The Department’s Notice was published in the Federal Register on
September 29, 2010 (75 FR 60138).
The subject worker group is engaged in employment related to
the supply of automotive-related financial services to dealers and
consumers, including retail and wholesale financing, remarketing,
and customer service and collections.
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 initial investigation resulted in a negative determination
based on the findings that there have not been increased imports of
services like or directly competitive with the financial services
supplied by the subject firm, and there has not been a shift in the
supply of services by the firm to a foreign country. In addition,
the subject firm is not a supplier or downstream producer to a firm
that employed a worker group eligible to apply for Trade Adjustment
Assistance (TAA). For worker groups that supply a service instead
of producing a component part, the term “supplier” means a firm
that supplies directly to another firm services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for the certification of eligibility.
The request for reconsideration states that “the workers at
Chrysler Financial Services, Troy, Michigan were engaged in
activities that initiated the need to produce automotive vehicles
and automotive vehicle parts . . . multiple production facilities
within the Chrysler Group has lost production due to imports which
resulted in the decrease in sales.”
Information collected during the initial investigation
confirmed that another domestic entity would be the new financial
arm for Chrysler, LLC, and that, as a result, certain functions
performed by the subject workers have been realigned
domestically.
During the reconsideration investigation, the Department
received information that confirmed that the subject firm did not
shift to nor acquire from a foreign country the supply of
services like or directly competitive with the services supplied
by the subject workers.
Further, the Department determined that the services supplied
by the subject workers were not used in the production of an
article. Rather, the financial services supplied by the subject
worker group are post-production.
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 Chrysler
Financial Services Americas, LLC, a subsidiary of FinCo
Intermediate Holding Co., LLC, Troy Customer Contact Center,
Troy, Michigan.
Signed in Washington, D.C, on this 29th day of March, 2011
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,458

CHRYSLER FINANCIAL SERVICES AMERICAS, LLC
A SUBSIDIARY OF FINCO INTERMEDIATE HOLDING CO., LLC
TROY CUSTOMER CONTACT CENTER
TROY, MICHIGAN

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 February 5, 2010 on behalf of workers of Chrysler
Financial Services Americas, LLC, a subsidiary of FinCo
Intermediate Holding Co., LLC, Troy Customer Contact Center,
Troy, Michigan. The workers provided financial services to
automobile dealers and consumers.
The petitioners allege that worker separations are
attributable to a shift in production abroad. The investigation
included analysis of data provided by the firm.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion II has not been met because there have
not been increased imports of services like or directly
competitive with the financial services supplied by Chrysler
Financial Services Americas, LLC and there has not been a shift
in services by the firm to a foreign country.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (2) has not been met because Chrysler
Financial Services Americas, LLC is not a supplier or downstream
producer to a firm with a TAA-certified worker group.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an
affirmative finding of injury by the United States International
Trade Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chrysler Financial
Services Americas, LLC, a subsidiary of FinCo Intermediate
Holding Co., LLC, Troy Customer Contact Center, Troy, Michigan,
who provided financial services to automobile dealers and
consumers, 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 23rd day of July, 2010

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





- 8 -