Petitioner Type: State
Impact Date: 04/27/2021
Filed Date: 04/28/2022
Most Recent Update: 05/12/2022
Determination Date: 05/12/2022
Expiration Date: 05/12/2024
Employment and Training Administration
TA-W-98,278
PISTON AUTOMOTIVE, LLC
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 27, 2022, and
filed on April 28, 2022, by a State Workforce Office on behalf of
former workers of Piston Automotive LLC, Belvidere, Illinois
(hereafter referred to as "worker group" or "Piston Automotive
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
automotive component parts.
The petition alleges that worker separations, or threats
thereof, were due to impacts of foreign 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 Piston Automotive Belvidere have
become totally or partially separated or are threatened to become
totally or partially separated.
Section 222(b)(2) has been met because Piston Automotive
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 Piston Automotive Belvidere 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 workers in Piston Automotive Belvidere do not
possess skills that are not easily transferable.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Piston Automotive Belvidere, who are
engaged in activities related to the production of automobile
component parts, 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 Piston Automotive LLC, Belvidere, Illinois, who
became totally or partially separated from employment on or
after April 27, 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 12th day of May, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance