DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,013

TRW INTEGRATED CHASSIS SYSTEMS, LLC
NORTH AMERICAN BRAKING DIVISION
A SUBSIDIARY OF TRW AUTOMOTIVE
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DM BURR
SAGINAW, MICHIGAN

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated January 13, 2014,
resulted in a negative determination, issued on February 26, 2014,
that was based on there being no import increase and/or production
shift abroad. The determination was applicable to workers and
former workers of TRW Integrated Chassis Systems, LLC, North
American Braking Division, a subsidiary of TRW Automotive, Saginaw,
Michigan (TRW). The workers are engaged in activities related to
the production of rotor and knuckle components and brake corners.
The workers are not separately identifiable by article. The worker
group includes on-site leased workers from Adecco and DM Burr.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have been met.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of rotor and knuckle components, and brake
corners by TRW have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of automobiles directly incorporating brake corners
produced outside the United States that are like or directly
competitive with imports of automobiles incorporating brake
corners produced by TRW Integrated Chassis Systems, LLC, North
American Braking Division, a subsidiary of TRW Automotive, Saginaw,
Michigan have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased customer imports of automobiles contributed importantly
to the worker group separations and sales/production declines at
TRW.

Conclusion
After careful review, I determine that workers of TRW
Integrated Chassis Systems, LLC, North American Braking Division, a
subsidiary of TRW Automotive, Saginaw, Michigan, who are engaged in
activities related to production of rotor and knuckle components,
and brake corners, 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 TRW Integrated Chassis Systems, LLC, North
American Braking Division, a subsidiary of TRW Automotive,
including on-site leased workers from Adecco and DM Burr,
Saginaw, Michigan who became totally or partially separated
from employment on or after January 10, 2013, 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 29th day of March, 2016


/s/ Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,013

TRW INTEGRATED CHASSIS SYSTEMS, LLC
NORTH AMERICAN BRAKING DIVISION
A SUBSIDIARY OF TRW AUTOMOTIVE
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DM BURR
SAGINAW, MICHIGAN

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated October 15, 2014, the United Automobile Workers (UAW), Local Union 467, requested administrative reconsideration of the Department of Labor's negative determination regarding eligibility to apply for worker adjustment assistance, applicable to workers and former workers of TRW Integrated Chassis Systems, LLC, North American Braking Division, a subsidiary of TRW Automotive, Saginaw, Michigan (subject firm). The subject firm is engaged in activities related to the production of rotor and knuckle components and brake corners. The subject worker group includes on-site leased workers from Adecco and DM Burr.
The denial notice was signed on February 26, 2014, and the Notice of Determination was published in the Federal Register on October 29, 2014 (79 FR 64415).
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 was based on the Department’s findings that the subject firm did not shift the production of articles like or directly competitive with rotor and knuckle components and brake corners to a foreign country; that imports of articles like or directly competitive with the rotor and knuckle components and brake corners did not contribute importantly to the workers’ separation or threat of separation and to the decline in sales or production of the firm; and that the subject firm is not 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).
In the request for reconsideration, the UAW asserts that the workers of the subject firm should be eligible for TAA because industry imports into the United States increased in the first quarter of 2014. The UAW, however, did not provide new information pertaining to 2012 and 2013, which are the time periods under investigation. 29 CFR 90
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. Based on these findings, the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful 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 14th day of November, 2014

/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-85,013

TRW INTEGRATED CHASSIS SYSTEMS, LLC
NORTH AMERICAN BRAKING DIVISION
A SUBSIDIARY OF TRW AUTOMOTIVE
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DM BURR
SAGINAW, MICHIGAN

Negative Determinations 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
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 January 13, 2014 by a company official on behalf of
workers of TRW Integrated Chassis Systems, LLC, North American
Braking Division, a subsidiary of TRW Automotive, Saginaw,
Michigan (TRW Integrated Chassis Systems). The workers' firm is
engaged in activities related to the production of rotor and
knuckle components and brake corners. The workers are not
separately identifiable by article produced. The subject worker
group includes on-site leased workers from Adecco and DM Burr.
Workers of the subject firm are eligible to apply for Trade
Adjustment Assistance (TAA) under petition TA-W-71,662, which
expired on September 30, 2011.
The petition states "At this time our customer . . . has
decided to source our product to other suppliers".
During the course of the investigation, information was
collected from the workers' firm and its customers.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of rotor and knuckle components and brake corners
to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed subject firm, customer, and aggregate
U.S. imports of articles like or directly competitive with the
rotor and knuckle components and brake corners produced by TRW
Integrated Chassis Systems have not increased during the
relevant period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that TRW Integrated Chassis Systems 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 TRW Integrated Chassis Systems that
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), based on
an increase in imports from, or a shift in production to, Canada
or Mexico.
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. 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 TRW Integrated
Chassis Systems, LLC, North American Braking Division, a
subsidiary of TRW Automotive, including on-site leased workers
from Adecco and DM Burr, Saginaw, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 26th day of February, 2014

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance