DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,116

MOTOROLA MOBILITY LLC

INTELLIGENT DEVICE GROUP

MOBILE BUSINESS GROUP

FLAGSHIP PRODUCT DEVELOPMENT

AN INDIRECT WHOLLY OWNED SUBSIDIARY OF LENOVO GROUP LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM SDI

CHICAGO, ILLINOIS

Notice of Revised Determination
on Reconsideration

On June 1, 2021, the Department of Labor issued an Affirmative

Determination Regarding Application for Reconsideration for the
workers and former workers of Motorola Mobility LLC, an indirect
wholly owned subsidiary of Lenovo Group Limited, including on-site
leased workers from SDI, Chicago, Illinois, herein referred to as
Motorola Mobility-Chicago. The subject worker group (Motorola
Mobility-Chicago) supplied hardware development engineering,
software development engineering, product management or research
and development services. The notice was published in the Federal
Register on July 30, 2021 (86 FR 41096).

Workers of the workers' firm were eligible to apply for Trade
Adjustment Assistance (TAA) under petition number TA-W-93,658
(certification expired on April 24, 2020).

During the reconsideration investigation, the Department
carefully reviewed previously-submitted information and new
information obtained from the workers' firm. Furthermore, the group
of workers were clarified to consist of the Intelligent Device Group,
Mobile Business Group, Flagship Product Development.

The investigation revealed that Section 222(a)(1) has been met
because a significant number or proportion of the workers in Motorola
Mobility-Chicago 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 a portion of the supply of hardware
development engineering, software development engineering, product
management or research and development services or like or directly
competitive with the services supplied by the workers of the subject
firm which contributed importantly to worker group separations at
Motorola Mobility-Chicago.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of Motorola Mobility LLC,
Intelligent Device Group, Mobile Business Group, Flagship Product
Development, (IDG MBG -- Flagship Product Development) an indirect
wholly owned subsidiary of Lenovo Group Limited, including on-site
leased workers from SDI, Chicago, Illinois, who are engaged in
activities related to the supply of hardware development
engineering, software development engineering, product management
or research and development 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 Motorola Mobility LLC, Intelligent Device Group,
Mobile Business Group, Flagship Product Development, (IDG MBG --
Flagship Product Development) an indirect wholly owned
subsidiary of Lenovo Group Limited, including on-site leased
workers from SDI, Chicago, Illinois, herein referred to as
Motorola Mobility-Chicago who became totally or partially
separated from employment on or after April 25, 2020, through
two years from the date of this certification, and all workers
in the group threatened with total or partial separation from
employment on 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. on this 16th day of June, 2022


HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,116

MOTOROLA MOBILITY LLC

AN INDIRECT WHOLLY OWNED SUBSIDIARY OF LENOVO GROUP LIMITED

INCLUDING ON-SITE LEASED WORKERS FROM SDI

CHICAGO, ILLINOIS

Notice of Affirmative Determination

Regarding Application for Reconsideration

By application dated December 17, 2020, a worker, requested
administrative reconsideration of the negative determination
regarding workers' eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Motorola
Mobility LLC, an indirect wholly owned subsidiary of Lenovo
Group Limited, including on-site leased workers from SDI,
Chicago, Illinois. The workers' firm is engaged in activities
related to the production of mobile communication devices. The
subject group of workers (Motorola Mobility-Chicago) is engaged
in activities related to the supply of research and development
services in support of the production of mobile communication
devices. The determination was issued on November 13, 2020 and the
Notice of Determination was published in the Federal Register on
December 22, 2020 (85 FR 83620).

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.
reconsideration of the decision.

The negative determination was based on the Department's
findings that the worker's firm did not shift in production, nor
did the company or customer increase imports during the period
under investigation, as well as denying on the other
certification criteria.

The request for reconsideration asserts that the workers of
the Motorola Mobility-Chicago were impacted by a shift in
production to China.

The Department 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 at Washington, D.C., this 1st day of June, 2021

HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,116

MOTOROLA MOBILITY LLC
AN INDIRECT WHOLLY OWNED SUBSIDIARY OF LENOVO GROUP LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM SDI
CHICAGO, 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 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.

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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
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 August 3, 2020 on behalf of workers and former workers of
Motorola Mobility LLC, an indirect wholly owned subsidiary of
Lenovo Group Limited, Chicago, Illinois (Motorola Mobility-
Chicago). The worker group includes on-site leased workers from
SDI. The workers' firm is engaged in activities related to the
production of mobile communication devices. The subject worker
group (Motorola Mobility-Chicago) is engaged in activities
related to the supply of research and development services in
support of the production of mobile communication devices.
Workers of Motorola Mobility-Chicago were eligible to apply
for Trade Adjustment Assistance under TA-W-93,658 (certification
expired on April 24, 2020).
During the course of the investigation, information was
collected from the workers' firm and the petition.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Motorola Mobility-Chicago has not
imported the supply of research and development services, or like
or directly competitive services, during the relevant period
when compared to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Motorola Mobility-Chicago did not
shift the supply of research and development services, or like or
directly competitive services, to a foreign country or acquire
the supply of such services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Motorola Mobility-Chicago is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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 Motorola Mobility
LLC, an indirect wholly owned subsidiary of Lenovo Group
Limited, including on-site leased workers from SDI, Chicago,
Illinois, 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 November 2020.

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