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TAW-98085  /  GM Saginaw Metal Casting Operations (Saginaw, MI)

Petitioner Type: Union
Impact Date:
Filed Date: 10/15/2021
Most Recent Update: 02/18/2022
Determination Date: 02/18/2022
Expiration Date:









UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,085
GM SAGINAW METAL CASTING OPERATIONS
SAGINAW, MICHIGAN
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") 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 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 theAct, 19 U.S.C. § 2272(a)(1)) requires that a significantnumber or proportion of the workers in such workers' firm,
or an appropriate subdivision of the firm, have becometotally or partially separated, or are threatened to becometotally or partially separated

(2)The second criterion (set forth in Section 222(a)(2) of theAct, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of twoways:

(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 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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment (ATAA) petition dated October 15, 2021 and filed on
October 15, 2021 by the United Auto Workers (UAW), Local 688, on
behalf former workers of GM Saginaw Metal Casting Operations,
Saginaw, Michigan (hereafter referred to as the "group of
workers"). In accordance with 20 C.F.R. 618.110 a group of
workers is defined as, ""¦including teleworkers and staffed
workers." The group of workers is engaged in activities related
to the production of V-6 aluminum engine blocks and cylinder
heads for the Chevrolet Camaro, Cadillac CT6 and XT5, GMC Acadia
and Canyon vehicles.

The petition alleges that worker separations, or threats
thereof, were due to increased imports from Mexico. The petition
does not include attachments.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that GM Saginaw Metal Casting Operations,
Saginaw, Michigan has not experienced a decline in sales or
production.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of engine blocks and cylinder heads, or like or
directly competitive articles, to a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that GM Saginaw Metal Casting Operations,
Saginaw, Michigan 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), and does
not act as 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.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance

("ATAA"), the group of workers must be certified eligible to
apply for Trade Adjustment Assistance ("TAA"). Because the group
of workers are denied eligibility to apply for TAA, the group of
workers cannot be certified eligible for ATAA.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that all workers of GM Saginaw Metal
Casting Operations, Saginaw, Michigan, 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 18th day of February, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance