DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,251

DAIMLER TRUCKS NORTH AMERICA

CLEVELAND TRUCK MANUFACTURING PLANT

A SUBSIDIARY OF DAIMLER AG

CLEVELAND, NORTH CAROLINA

Notice of Termination of Reconsideration Investigation

On July 13, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Daimler Trucks North
America, Cleveland Truck Manufacturing Plant, a subsidiary of
Daimler AG, Cleveland, North Carolina ("DTNA Cleveland TMP").
The notice was published in the Federal Register on March 24, 2020
(85 FR 16655).

The applicant has requested that the application be withdrawn.
Consequently, the investigation has been terminated.

Signed in Washington, D.C. on this 3rd day of May, 2021.



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,251

DAIMLER TRUCKS NORTH AMERICA
CLEVELAND TRUCK MANUFACTURING PLANT
A SUBSIDIARY OF DAIMLER AG
CLEVELAND, NORTH CAROLINA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 22, 2020, the of United Auto
Workers, Local 3520, requested administrative reconsideration of
the negative determination regarding eligibility to apply for
worker adjustment assistance applicable to workers and former
workers of Daimler Trucks North America, Cleveland Truck
Manufacturing Plant, a subsidiary of Daimler AG, Cleveland,
North Carolina.
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
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that workers of
Daimler Trucks North America, Cleveland Truck Manufacturing
Plant, a subsidiary of Daimler AG, Cleveland, North Carolina
should be eligible to apply for Trade Adjustment Assistance (TAA)
because they were impacted by the shift in production to a foreign
country and increased reliance on imported heavy trucks.
The Department of Labor has carefully reviewed the request
for reconsideration and the existing record, and has determined
that the Department will conduct further investigation to
determine if the workers meet the eligibility requirements of the
Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed in Washington, D.C. this 13th day of July, 2020

/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-95,251

DAIMLER TRUCKS NORTH AMERICA
CLEVELAND TRUCK MANUFACTURING PLANT
A SUBSIDIARY OF DAIMLER AG
CLEVELAND, NORTH CAROLINA

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 4, 2019, by the United Auto Workers, Local
3520 on behalf of workers of Daimler Trucks North America,
Cleveland Truck Manufacturing Plant, a subsidiary of Daimler
AG, Cleveland, North Carolina ("DTNA Cleveland TMP"). The
workers' firm is engaged in activities related to the production
of Freightliner trucks and Western Star trucks. Freightliner
models produced at DTNA Cleveland TMP include Columbia,
Coronado, and Cascadia.
The petitioner provided the following allegation: "The
company has shifted production slated for the Cleveland truck
plant to its Mexico plant to keep plants there at full capacity,
leaving workers here with little to no chance to return to
work."
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that DTNA Cleveland TMP has not
experienced a decline in the sales or production of
Freightliner trucks or Western Star trucks during the relevant
period under investigation, January 2017 to September 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that DTNA Cleveland TMP did not shift
the production of Freightliner trucks or Western Star trucks to
a foreign country. Daimler Trucks North America has acquired
Freightliner trucks and Western Star trucks from a foreign
country, but such acquisition did not contribute importantly
to workers' separation or threat of separation; acquisitions
of trucks from non-U.S. manufacturing sites are more than
offset by increases in sales and production at DTNA Cleveland
TMP when comparing year-to-date 2018 to year-to-date 2019,
such that no increase in reliance on imported trucks was
observed as of September 2019.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that DTNA Cleveland TMP 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 DTNA Cleveland TMP 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).
Finally, 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 workers of Daimler
Trucks North America, Cleveland Truck Manufacturing Plant, a
subsidiary of Daimler AG, Cleveland, North Carolina, engaged in
activities related to the production of Freightliner trucks and
Western Star trucks, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 19th day of February 2020.

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