Petitioner Type: State
Impact Date: 01/28/2014
Filed Date: 01/29/2015
Most Recent Update: 10/13/2015
Determination Date: 10/13/2015
Expiration Date: 10/13/2017
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,799
COMPREHENSIVE LOGISTICS, INC.
LANSING, 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 29, 2015, resulted
in a negative determination, issued on March 20, 2015, that was based on
the firm does not producing an article. The determination was applicable
to workers and former workers of Comprehensive Logistics, Inc., Lansing,
Michigan. The workers’ firm is engaged in activities related to the supply
of transportation and delivery services of automotive parts.
Based on information reviewed during the reconsideration investigation,
the Department of Labor determines is a Supplier to a firm or subdivision 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).
Section 222(b)(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(b)(2) has been met because Comprehensive Logistics, Inc.,
Lansing, Michigan is a Supplier to a firm or subdivision 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 is related to the
actual finished article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the service supplied by
Comprehensive Logistics, Inc., Lansing, Michigan for a firm that employed a
worker group who received a certification of eligibility accounted for at
least 20 percent of the production or sales of Comprehensive Logistics,
Inc., Lansing, Michigan.
Conclusion
After careful review, I determine that workers of Comprehensive
Logistics, Inc., Lansing, Michigan, who are engaged in activities related
to the supply of transportation and delivery services of automotive parts,
meet the worker group certification criteria under Section 222(b) of the
Act, 19 U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19 U.S.C.
§ 2273, I make the following certification:
"All workers of Comprehensive Logistics, Inc., Lansing, Michigan
who became totally or partially separated from employment on or after January
28, 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 13th day of October, 2015
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,799
COMPREHENSIVE LOGISTICS, INC.
LANSING, MICHIGAN
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 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 29, 2015 by a state workforce office on behalf
of workers of Comprehensive Logistics, Inc., Lansing, Michigan.
The workers' firm is engaged in activities related to the supply of
transportation and delivery services of automotive parts.
The investigation revealed that Comprehensive Logistics,
Inc., Lansing, Michigan 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 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 of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplies transportation and
delivery services of automotive parts.
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 Comprehensive
Logistics, Inc., Lansing, Michigan engaged in activities related
to the supply of transportation and delivery services of
automotive parts 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 20th day of March 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,799
COMPREHENSIVE LOGISTICS, INC.
LANSING, 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 29, 2015, resulted
in a negative determination, issued on March 20, 2015, that was based on
the firm does not producing an article. The determination was applicable
to workers and former workers of Comprehensive Logistics, Inc., Lansing,
Michigan. The workers’ firm is engaged in activities related to the supply
of transportation and delivery services of automotive parts.
Based on information reviewed during the reconsideration investigation,
the Department of Labor determines is a Supplier to a firm or subdivision 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).
Section 222(b)(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(b)(2) has been met because Comprehensive Logistics, Inc.,
Lansing, Michigan is a Supplier to a firm or subdivision 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 is related to the
actual finished article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the service supplied by
Comprehensive Logistics, Inc., Lansing, Michigan for a firm that employed a
worker group who received a certification of eligibility accounted for at
least 20 percent of the production or sales of Comprehensive Logistics,
Inc., Lansing, Michigan.
Conclusion
After careful review, I determine that workers of Comprehensive
Logistics, Inc., Lansing, Michigan, who are engaged in activities related
to the supply of transportation and delivery services of automotive parts,
meet the worker group certification criteria under Section 222(b) of the
Act, 19 U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19 U.S.C.
§ 2273, I make the following certification:
"All workers of Comprehensive Logistics, Inc., Lansing, Michigan
who became totally or partially separated from employment on or after January
28, 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 13th day of October, 2015
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,799
COMPREHENSIVE LOGISTICS, INC.
LANSING, MICHIGAN
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 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 29, 2015 by a state workforce office on behalf
of workers of Comprehensive Logistics, Inc., Lansing, Michigan.
The workers' firm is engaged in activities related to the supply of
transportation and delivery services of automotive parts.
The investigation revealed that Comprehensive Logistics,
Inc., Lansing, Michigan 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 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 of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplies transportation and
delivery services of automotive parts.
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 Comprehensive
Logistics, Inc., Lansing, Michigan engaged in activities related
to the supply of transportation and delivery services of
automotive parts 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 20th day of March 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance