U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,689

NILES AMERICA WINTECH, INC.
WAREHOUSING DIVISION
A VALEO COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES
WINCHESTER, KENTUCKY

TA-W-81,689A

NILES AMERICA WINTECH, INC.
ASSEMBLY AND TESTING DIVISION
A VALEO COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES
WINCHESTER, KENTUCKY


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated August 28, 2012 a petitioning worker,
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) applicable to workers and former
workers of Niles America Wintech, Inc., Warehousing Division and
Assembly and Testing Division, including on-site leased workers
from Adecco Employment Services, Winchester, Kentucky
(collectively referred to as the subject firm). The determination
was issued on July 31, 2012. The Department’s Notice of
determination was published in the Federal Register on August 16,
2012 (77 FR 49462).
The initial investigation resulted in a negative
determination based on the findings that the subject firm did not
import services like or directly competitive with the order
management, shipping, receiving, and warehousing services
supplied by the subject workers.
Further, the subject firm did not shift the supply of order
management, shipping, receiving and warehousing services (or like
or directly competitive services) to a foreign country or acquire
the supply of such services from a foreign country.
The initial investigation also revealed that the subject
firm is not a Supplier to or 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).
In addition, the subject firm did not satisfy the group
eligibility requirements under Section 222(e) of the Act, either
because Criterion (1) has not been met since the workers’ firm
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.
Finally, with respect to Section 222(a) and Section 222(b)
of the Act, the investigation revealed that Criterion (1) has not
been met because a significant number or proportion of the
workers in such workers’ firm, have not become totally or
partially separated, during the relevant time period, nor are
they threatened to become totally or partially separated.
In request for reconsideration, the petitioner supplied new
information regarding the number of workers who have been
separated or have been threatened with separation.
The Department of Labor has carefully reviewed the request
for reconsideration and the existing record, and has determined
that the Department will conduct further investigation to
determine if the workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 26th day of September, 2012
/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-81,689

NILES AMERICA WINTECH, INC.
WAREHOUSING DIVISION
A VALEO COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES
WINCHESTER, KENTUCKY

TA-W-81,689A

NILES AMERICA WINTECH, INC.
ASSEMBLY AND TESTING DIVISION
A VALEO COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES
WINCHESTER, KENTUCKY

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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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 criteria must be met:
(1) 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.

(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) (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.
(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.

(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
(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; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
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(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 June 6, 2012 by a State Workforce Office on behalf of
workers of Niles America Wintech, Inc., a Valeo Company,
Winchester, Kentucky (Niles America Wintech, Inc.). The workers’
firm is engaged in activities related to the warehousing,
assembly and testing of imported automotive components and
assemblies. Workers are separately identifiable. The subject
worker group consists of workers who are engaged in activities
related to the supply of order management, shipping, receiving
and warehousing of imported automotive components and assemblies
(TA-W-81,689) and of workers who are engaged in activities
related to the final assembly and testing of automotive
components and assemblies (TA-W-81,689A). The worker groups also
include on-site leased workers from Adecco Employment Services.
The petitioner alleges that imports and reliance on imported
products directly competitive with those produced by the subject
firm have increased and that production has been shifted to a
foreign country which has resulted in a loss of business.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that workers of Niles America
Wintech, Inc. who are engaged in activities related to the supply
of order management, shipping, receiving and warehousing of
imported automotive components and assemblies (TA-W-81,689) do
not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not import order
management, shipping, receiving and warehousing of automotive
components and assemblies or any like or directly competitive
services. The volume of automotive assemblies and components that
are directly shipped from foreign countries is insignificant. The
Department did not survey Niles America Wintech, Inc.’s customers
based on the internal nature of the services supplied.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
order management, shipping, receiving and warehousing of
automotive components and assemblies or a like or directly
competitive service to a foreign country or acquire order
management, shipping, receiving and warehousing of automotive
components and assemblies or any like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Niles America Wintech, Inc. 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 Niles America Wintech, Inc. 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 either because
Criterion (1) has not been met since the workers’ firm 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.
The investigation further revealed that workers of Niles
America Wintech, Inc. who are engaged in activities related to
the supply of the final assembly and testing of automotive
components and assemblies (TA-W-81,689A) also do not meet the
criteria for certification.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
such workers’ firm, have not become totally or partially
separated, nor are they threatened to become totally or partially
separated. The workers who became separated from the Assembly and
Testing Division (TA-W-81,689A) during the relevant period were
transferred to the Warehouse Division (TA-W-81,689) and are still
employed by the firm.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers’ firm 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 of the facts obtained in the
investigation, 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 Niles America Wintech,
Inc., a Valeo Company, including on-site leased workers from
Adecco Employment Services, Winchester, Kentucky engaged in
activities related to the supply of order management, shipping,
receiving and warehousing of imported automotive components and
assemblies (TA-W-81,689) and workers of Niles America Wintech,
Inc., a Valeo Company, including on-site leased workers from
Adecco Employment Services, Winchester, Kentucky engaged in
activities related to the supply of the final assembly and
testing of automotive components and assemblies (TA-W-81,689A)
?
to apply for adjustment assistance, in accordance with Section
223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 31st day of July, 2012

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







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