DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,319

SST TRUCK COMPANY, LLC
A NAVISTAR, INC. COMPANY
TRUCK SPECIALTY CENTER
3737 GRADER STREET
GARLAND, TEXAS

TA-W-92,319A

SST TRUCK COMPANY, LLC
A NAVISTAR, INC. COMPANY
TRUCK ASSEMBLY PLANT
4030 FORREST LANE
GARLAND, TEXAS

TA-W-92,319B

NAVISTAR, INC.
ENVIRONMENTAL AFFAIRS
LISLE, ILLINOIS

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 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 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; AND
(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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on October 13, 2016 by a state workforce office on behalf
of workers of SST Truck Company LLC, a Navistar, Inc. Company,
Truck Specialty Center, 3737 Grader Street, Garland, Texas
(TA-W-92,319), SST Truck Company LLC, a Navistar, Inc.
Company, Truck Assembly Plant, 4030 Forrest Lane, Garland,
Texas (TA-W-92,319A), and Navistar, Inc., Environmental
Affairs, Lisle, Illinois (TA-W-92,319B) (herein referred to as
"Navistar, SST Truck Company"). The workers' firm is engaged
in activities related to the supply of post-manufacturing clean-
up for Navistar's ceasing of truck production in Garland,
Texas.
The petitioner alleges that, "Related to certified
petition 82128 SST SST Truck Company LLC, which covers
production facility located at 4030 Forest Lane, Garland,
(Texas). This petition submitted on behalf of workers at SST
Truck Company site, the truck specialty center, 3737 Grader
Street, Garland located three miles from the production
facility. WARN notice and emails regarding WARN Notice
attached."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
For TA-W-92,319 and TA-W-92,319A, with respect to Section
222(a) and Section 222(b) of the Act, the investigation revealed
that Criterion (1) has not been met because the firm did not
employ a worker group during the relevant time period. A worker
group means that the firm must have at least three full-time
workers during the year preceding the Trade Adjustment
Assistance (TAA) petition date. The subject firm did not meet
this threshold level.
For TA-W-92,319B, 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.
Finally, for TA-W-92,319, TA-W-92,319A, and TA-W-92,319B
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 publicly
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 SST Truck Company
LLC, a Navistar, Inc. Company, Truck Specialty Center, 3737
Grader Street, Garland, Texas (TA-W-92,319), SST Truck Company
LLC, a Navistar, Inc. Company, Truck Assembly Plant, 4030
Forrest Lane, Garland, Texas (TA-W-92,319A), and Navistar,
Inc., Environmental Affairs, Lisle, Illinois (TA-W-92,319B)
engaged in activities related to the supply of post-
manufacturing clean-up for Navistar's ceasing of truck
production in Garland, Texas to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 13th day of December 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance