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TAW-85442  /  Harman International Industries, Inc. (Novi, MI)

Petitioner Type: Workers
Impact Date: 07/23/2013
Filed Date: 07/24/2014
Most Recent Update: 08/06/2015
Determination Date: 08/06/2015
Expiration Date: 08/06/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,442

HARMAN INTERNATIONAL INDUSTRIES, INC.
ACCOUNTS PAYABLE AND ACCOUNTS RECEIVABLE
INCLUDING ON-SITE LEASED WORKERS FROM
ACRO SERVICE ORGANIZATION
NOVI, 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 on June 24, 2014, resulted
in a negative determination, issued on August 26, 2014, that was based on
a finding that neither a shift of production nor increased imports
contributed importantly to workers’ separations. The determination was
applicable to workers and former workers of Harman International Industries,
Inc., Novi, Michigan. Workers of Harman International Industries, Inc.,
Accounts Payable and Accounts Receivable, Novi, Michigan (subject worker
group) are engaged in activities related to the supply of accounts payable
and accounts receivable services. The subject worker group includes
on-site leased workers from Acro Service Organization.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject firm
shifted the supply of services to a foreign country.

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)(B) has been met because the workers’ firm has
shifted to a foreign country the supply of a service like or directly
competitive with the service supplied by the workers which contributed
importantly to worker group separations at Harman International Industries,
Inc., Accounts Payable and Accounts Receivable, Novi, Michigan.

Conclusion

After careful review, I determine that workers of Harman
International Industries, Inc., Accounts Payable and Accounts
Receivable, including on-site leased workers from Acro Service
Organization, Novi, Michigan, who are engaged in activities
related to the supply of accounts payable and accounts receivable
services, 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 Harman International Industries, Inc.,
Accounts Payable and Accounts Receivable, including on-site leased
workers from Acro Service Organization, Novi, Michigan who became
totally or partially separated from employment on or after July 23,
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 6th day of August, 2015


/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-85,442

HARMAN INTERNATIONAL INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACRO SERVICE ORGANIZATION
NOVI, 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 July 24, 2014 on behalf of workers of Harman
International Industries, Inc., Novi, Michigan (subject firm).
The worker group includes on-site leased workers from Acro
Service Organization. The workers' firm is engaged in
activities related to the production of audio and infotainment
products for the automotive, consumer, and professional
markets. The subject workers are engaged in activities
related to the supply of account payable and receivable
services on behalf of the subject firm.
The petitioners made the following allegation, as it
relates to worker separations, "The Accounts Payable and
Receivable services for Harman International is being move out
of the country, to Hungary."
During the course of the investigation, information was
collected from the petitioners and the workers' firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of audio and infotainment products to a foreign
country. Rather, the subject firm shifted the supply of
accounts payable and receivable services abroad.
With respect to Section 222(a)(2)(A)(iii), the
investigation revealed that imports of articles like or
directly competitive with the articles produced by Harman did
not contribute importantly to such workers' separation or
threat of separation and to the decline in sales or production
of the subject firm. Rather, worker separations are related
to the shift in the supply of services abroad.
The investigation also revealed that the subject firm is
neither 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), nor 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 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 Harman
International Industries, Inc., including on-site leased
workers from Acro Service Organization, Novi, Michigan,
engaged in activities related to the production of audio and
infotainment products, 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 August 2014.

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