Petitioner Type: State
Impact Date: 05/04/2021
Filed Date: 05/05/2022
Most Recent Update: 06/16/2022
Determination Date: 06/16/2022
Expiration Date: 06/16/2024
Employment and Training Administration
TA-W-98,285
ADIENT PLC
SYCAMORE, 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 May 4, 2022 and
filed on May 5, 2022 by a state workforce office, on behalf of
former workers of Adient PLC, Sycamore, 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 automobile seats.
The petition alleges that worker separations, or threats
thereof, were due to foreign trade impact.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
Section 222(b)(1) has been met because 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.
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 actual
finished article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the component
parts produced by the workers' firm for the afore-referenced
firm accounted for at least 20 percent of the production or
sales of Adient PLC, Sycamore, Illinois.
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 have been 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 Adient PLC, Sycamore,
Illinois, who are engaged in activities related to the
production of automobile seats, meet the worker group
certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Adient PLC, Sycamore, Illinois, who became
totally or partially separated from employment on or after
May 4, 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 all workers
of Adient PLC, Sycamore, Illinois 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 16th day of June, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance