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TAW-98160  /  Superior Industries International Arkansas (Fayetteville, AR)

Petitioner Type: State
Impact Date: 11/01/2021
Filed Date: 01/11/2022
Most Recent Update: 02/09/2022
Determination Date: 02/09/2022
Expiration Date: 02/09/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,160

SUPERIOR INDUSTRIES INTERNATIONAL ARKANSAS

FAYETTEVILLE DIVISION

FAYETTEVILLE, ARKANSAS

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

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 Trade
Adjustment Assistance ("TAA") for workers.

The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:

(1) 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)(B)(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 under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic 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

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated January 10, 2022 and
filed on January 11, 2022 by a State Workforce Office on behalf of
former workers of Superior Industries International Arkansas,
Fayetteville Division, Fayetteville, Arkansas (hereafter referred
to as the "worker group"). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers." The worker group is engaged in activities related to
the production of aluminum wheels.

The petition alleges that worker separations, or threats
thereof, were due to a shift of production to a foreign country.

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

Workers of the subject firm were eligible to apply for Trade
Adjustment Assistance under an earlier certification (TA-W-94,684;
expired on October 31, 2021).

Section 222(a)(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(a)(2)(B) has been met because a shift in
production of aluminum wheels to a foreign country that is party
to a Free Trade Agreement with the United States.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion (II) has not
been met because workers in the workers' firm possess skills that
are easily transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Superior Industries
International Arkansas, Fayetteville Division, Fayetteville,
Arkansas, who are engaged in activities related to the production
of aluminum wheels, 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:

"Workers of Superior Industries International Arkansas,
Fayetteville Division, Fayetteville, Arkansas, who became
totally or partially separated from employment on or after
November 1, 2021, 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; and I further determine that workers of
Superior Industries International Arkansas, Fayetteville
Division, Fayetteville, Arkansas are denied eligibility to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."

Signed in Washington, D. C. this 9th day of February, 2022



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

Certifying Officer, Office of

Trade Adjustment Assistance