Petitioner Type: Company
Impact Date: 06/23/2021
Filed Date: 06/23/2022
Most Recent Update: 06/27/2022
Determination Date: 06/27/2022
Expiration Date: 06/27/2024
Employment and Training Administration
TA-W-98,341
ADVANCED INPUT SYSTEMS
MEMTRON DIVISION
FRANKENMUTH, MICHIGAN
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 June 23, 2022 and
filed on June 23, 2022, by a company official, on behalf of former
workers of Advanced Input Systems, Memtron Division, Frankenmuth,
Michigan (hereafter referred to as the "worker group" or "Advanced
Input Systems/Memtron-Frankenmuth"). 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 human machine interface products for
the medical, commercial, and industrial markets.
The petition alleges that worker separations, or threats
thereof, were due to a shift in production from Advanced Input
Systems/Memtron-Frankenmuth 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 Advanced Input Systems/Memtron-
Frankenmuth 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 human machine interface products to a foreign
country has occurred and 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 Advanced
Input Systems/Memtron-Frankenmuth.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended (the 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).
Section 246 (a)(3)(A)(ii)(II) has not been met. The
investigation revealed that the workers in Advanced Input
Systems/Memtron-Frankenmuth possess skills that are easily
transferable to other jobs within the workers' region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Advanced Input
Systems/Memtron-Frankenmuth 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:
"All workers of Advanced Input Systems, Memtron Division,
Frankenmuth, Michigan, who became totally or partially
separated from employment on or after June 23, 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 Advanced Input Systems, Memtron Division,
Frankenmuth, Michigan 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 27th day of June, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance