DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,114

CEVA LOGISTICS
EAST LIBERTY, OHIO

TA-W-80,114A

CEVA LOGISTICS
VAN WERT, OHIO

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated April 19, 2011, resulted in
a negative determination, issued on August 10, 2011, that was based
on the absence of a produced article. The determination was
applicable to workers and former workers of CEVA Logistics, East
Liberty, Ohio (TA-W-80,114) and Van Wert, Ohio (TA-W-80,114A). The
notice of determination was published in the Federal Register on
September 2, 2011 (76 FR 54797). The workers’ firm is engaged in
activities related to the supply of transportation and logistical
services.
As required by the Trade Adjustment Assistance Extension Act of
2011 (the TAAEA), the investigation into this petition was reopened
for a reconsideration investigation to apply the requirements for
worker group eligibility under chapter 2 of title II of the Trade Act
of 1974, as amended by the TAAEA, to the facts of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
worker groups do not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports, during the relevant
period, of services like or directly competitive with the
transportation and logistical services supplied by CEVA Logistics,
East Liberty, Ohio and CEVA Logistics, Van Wert, Ohio.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that CEVA Logistics did not shift the supply
of transportation and logistical services to a foreign country or
acquire transportation and logistical services or like or directly
competitive services from a foreign country.
With respect to Section 222(b)(2) of the Act, the investigation
revealed that CEVA Logistics is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the investigation
revealed that CEVA Logistics does not act as a 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).
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied since CEVA Logistics has not been
publically identified by name by the International Trade Commission
as a member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of CEVA Logistics,
East Liberty, Ohio (TA-W-80,114) and Van Wert, Ohio (TA-W-80,114A),
to apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 9th day of January, 2012

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


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,114

CEVA LOGISTICS
EAST LIBERTY, OHIO

TA-W-80,114A

CEVA LOGISTICS
VAN WERT, OHIO


Negative Determination 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 (“Act”), 19 U.S.C. § 2273, the Department of Labor
(Department) 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) and (b) of
Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. § 2272(a)(1)) requires that 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
(2) 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition filed
on April 19, 2011 by company officials on behalf of workers of CEVA
Logistics, East Liberty, Ohio, and Van Wert, Ohio (CEVA Logistics).
The workers’ firm is engaged in activities related to the supply of
transportation and logistical services.
The petition states that “customer (Honda) products that are
imported from Japan are unable to be produced and imported to the US
due to the March 2011 disasters. This has caused us to reduce our
workforce temporarily.”
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that CEVA Logistics does not produce
an article within the meaning of Section 222(a) or Section 222(b) of
the Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a “firm” or appropriate subdivision that
produces an article. The definition of a firm includes an individual
proprietorship, partnership, joint venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court.
During the investigation, the Department obtained information
that revealed that CEVA Logistics does not produce an article;
rather, the firm supplies services related to transportation and
logistical movement of materials for automotive manufacturers.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 CEVA Logistics, East Liberty, Ohio
(TA-W-80,114) and Van Wert, Ohio (TA-W-80,114A) 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 10th day of August, 2011


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






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