DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,752

LEAR CORPORATION
CORPORATE DIVISION
SHARED SERVICES - ACCOUNTS PAYABLE
SOUTHFIELD, 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 7, 2015, resulted
in a negative determination, issued on February 10, 2015, that was
based on no import increase or production shift abroad. The
determination was applicable to workers and former workers of Lear
Corporation, Corporate Division, Shared Services, Southfield,
Michigan (herein referred to as “Lear Corporation”). The workers’
firm is engaged in activities related to the supply of accounts
payable activities that support the firm’s production of automotive
seating assemblies and electrical components.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
services to a foreign country contributed importantly to the worker
group separations at the subject firm.
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 Lear
Corporation.
Conclusion
After careful review, I determine that workers of Lear
Corporation, Corporate Division, Shared Services – Account Payable,
Southfield, Michigan, who are engaged in activities related to
supply of accounts payable services in support of the firm’s
production of automotive seating assemblies and electrical
components, 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 Lear Corporation, Corporate Division, Shared
Services - Accounts Payable, Southfield, Michigan who became
totally or partially separated from employment on or after
January 6, 2014, 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 1st day of December, 2015


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance







DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,752

LEAR CORPORATION
CORPORATE DIVISION
SHARED SERVICES
SOUTHFIELD, 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 6, 2015 on behalf of workers of Lear
Corporation, Corporate Division, Shared Services Group,
Southfield, Michigan. The workers' firm is engaged in activities
related to the production of automotive seating assemblies and
electrical components. The worker group supplies internal
corporate accounting and financial support.
The petitioner alleges that the work of the Shared
Services group has been shifted to a foreign country.
During the course of the investigation, information was
collected from the workers' firm and the petitioners
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that increased imports of articles did
not contribute importantly to the worker separations in the
Shared Services Group.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of automotive seating assemblies and electrical
components to a foreign country during the relevant period.
With regard to the petitioners' allegation, the
investigation confirmed that accounts payable support services
were shifted to a foreign country, but this does not meet the
eligibility criteria in Section 222(a)(2)(B) of the Act.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Lear Corporation is 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); however, the investigation revealed that the
automotive seating assembly and electrical components supplied
to the certified firm by the workers' firm is not at least 20
percent of the production or sales of the workers' firm; and the
loss of business by the workers' firm with the certified firm
did not contribute importantly to the worker separations in the
Shared Services Group.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Lear Corporation is not a
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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 Lear Corporation,
Corporate Division, Shared Services Group, Southfield,
Michigan engaged in activities related the supply of corporate
accounting and financial support, 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 10th day of February, 2015.

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