Petitioner Type: State
Impact Date: 03/15/2021
Filed Date: 03/16/2022
Most Recent Update: 04/11/2022
Determination Date: 04/11/2022
Expiration Date: 04/11/2024
Employment and Training Administration
TA-W-98,228
ANDROID INDUSTRIES BELVIDERE, LLC
A WHOLLY OWNED SUBSIDIARY OF ANDROID INDUSTRIES, INC.
BELVIDERE, ILLINOIS
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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied
if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 (or subdivision) 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 (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
Section 222(c)(4) of the Act, 19 U.S.C. § 2272(c)(4), defines
the term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles that
were the basis for a certification of eligibility under subsection
(a) [of Section 222 of the Act] of a group of workers employed by
such other firm."
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated March 15, 2022, and
filed on March 16, 2022, by a State Workforce Office on behalf of
former workers of Android Industries Belvidere, LLC, a wholly
owned subsidiary of Android Industries, Inc., Belvidere, Illinois
(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 engines and transmissions
for sport utility vehicles.
The petition alleges that worker separations, or threats
thereof, were due to impacts of trade.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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(b)(2) has been met because the workers' firm is
a Supplier 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),
and such supply is related to the article that was the basis for
such certification.
Section 222(b)(3)(A) has been met because the engines and
transmissions produced for the afore-referenced firm accounted
for at least 20 percent of workers' firm production or sales.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended, 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 Section
246(a)(3)(A)(ii)(II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Android Industries
Belvidere, LLC, Belvidere, Illinois, who are engaged in activities
related to the production of engines and transmissions for sport
utility vehicles, meet the worker group certification criteria
under 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 Android Industries Belvidere, LLC, a wholly
owned subsidiary of Android Industries, Inc., Belvidere,
Illinois, who became totally or partially separated from
employment on or after March 15, 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 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 11th day of April, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance