Petitioner Type: State
Impact Date: 04/19/2021
Filed Date: 04/20/2022
Most Recent Update: 05/12/2022
Determination Date: 05/12/2022
Expiration Date: 05/12/2024
Employment and Training Administration
TA-W-98,266
MAGNA EXTERIORS BELVIDERE
EXTERIORS DIVISION
AN OPERATING UNIT OF MAGNA INTERNATIONAL 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 April 19, 2022, and
filed on April 20, 2022, by a State Workforce Office on behalf
of former workers of Magna Exteriors Belvidere, Exteriors
Division, an operating unit of Magna International Inc.,
Belvidere, Illinois (hereafter referred to as the worker group
or "Magna Exteriors Belvidere"). 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 exterior body frames and parts for
sport utility vehicles.
The petition alleges that worker separations, or threats
thereof, were due to a shift in 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.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Magna Exteriors Belvidere
have become totally or partially separated or are threatened to
become totally or partially separated.
Section 222(b)(2) has been met because Magna Exteriors
Belvidere 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 component
parts produced for the afore-referenced firm accounted for at
least 20 percent of the workers' firm's 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 Magna Exteriors
Belvidere, who are engaged in activities related to the
production of exterior body frames and parts 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 Magna Exteriors Belvidere, Exteriors
Division, an operating unit of Magna International Inc.,
Belvidere, Illinois, who became totally or partially
separated from employment on or after April 19, 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."
Signed in Washington, D. C. this 12th day of May, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance