Notice of Negative Determination on Reconsideration

Topics:  Chrysler

Del Min Amy Chen (Federal Register)
May 12, 2011

[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27666-27667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11638]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Negative Determination on Reconsideration

TA-W-70,949 Chrysler LLC
    Mopar Parts Distribution Center Center Line, Michigan
TA-W-70,949A Chrysler LLC
    Mopar Parts Distribution Center Naperville, Illinois
TA-W-70,949B Chrysler LLC
    Mopar Parts Distribution Center New Boston, Michigan
TA-W-70,949C Chrysler LLC
    Mopar Parts Distribution Center Beaverton, Oregon
TA-W-70,949D Chrysler LLC
    Mopar Parts Distribution Center Carrollton, Texas
TA-W-70,949E Chrysler LLC
    Mopar Parts Distribution Center Fontana, California
TA-W-70,949F Chrysler LLC
    Mopar Parts Distribution Center Lathrop, California
TA-W-70,949G Chrysler LLC
    Mopar Parts Distribution Center Denver, Colorado
TA-W-70,949H Chrysler LLC
    Mopar Parts Distribution Center Ontario, California
TA-W-70,949I Chrysler LLC
    Mopar Parts Distribution Center Hazelwood, Missouri
TA-W-70,949J Chrysler LLC
    Mopar Parts Distribution Center Morrow, Georgia
TA-W-70,949K Chrysler LLC
    Mopar Parts Distribution Center Memphis, Tennessee
TA-W-70,949L Chrysler LLC
    Mopar Parts Distribution Center Tappan, New York
TA-W-70,949M Chrysler LLC
    Mopar Parts Distribution Center Mansfield, Massachusetts
TA-W-70,949N Chrysler LLC
    Mopar Parts Distribution Center Plymouth, Minnesota
TA-W-70,949O Chrysler LLC
    Mopar Parts Distribution Center Streetsboro, Ohio
TA-W-70,949P Chrysler LLC
    Mopar Parts Distribution Center Orlando, Florida
TA-W-70,949Q Chrysler LLC
    Mopar Parts Distribution Center Milwaukee, Wisconsin
TA-W-70,949R Chrysler LLC
    Mopar Parts Distribution Center Warren, Michigan
TA-W-70,949S Chrysler LLC
    Mopar Parts Distribution Center Marysville, Michigan

    On October 7, 2010, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject facilities. The workers are engaged 
in activities related to the supply of warehousing and distribution 
services related to automotive parts.
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
    The negative determination was based on the findings that there was 
no increase in imports of services like or directly competitive with 
those supplied by the subject workers and no shift to/acquisition from 
a foreign country by the workers' firm in the supply of services like 
or directly competitive with those supplied by the subject workers.
    The request for reconsideration asserts that the workers are 
eligible to apply for Trade Adjustment Assistance (TAA) as adversely-
affected secondary workers because they ``provide replacement and 
accessory parts for new vehicles'' and identified firms that employed 
worker groups eligible to apply for TAA.
    Section 222(d) of the Act, 19 U.S.C. 2272(d), defines the term 
``Supplier'' as ``a firm that produces and supplies directly to another 
firm component parts for articles, or services used in the production 
of articles or in the supply of services, as the case may be, 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.''

[[Page 27667]]

    Section 222(d) of the Act, 19 U.S.C. 2272(d), defines the term 
``Downstream Producer'' as ``a firm that performs additional, value-
added production processes or services directly for another firm for 
articles or services with respect to which a group of workers in such 
other firm has been certified under subsection (a) [of Section 222 of 
the Act]'' and defines the term ``value-added production processes or 
services'' to ``include final assembly, finishing, testing, packaging, 
or maintenance or transportation services.''
    During the reconsideration investigation, the Department received 
information that confirmed that the subject facilities are not a 
``supplier'' or a ``downstream producer'' within the meaning of the 
Trade Act of 1974, as amended.
    The subject facilities do not produce and directly supply component 
parts (or services) to a firm that both employed a worker group 
eligible to apply for TAA and directly used the component parts (or 
services) in the production of the article or in the supply of the 
service that was the basis for the TAA certification, and do not 
perform downstream producer services for a firm that both employed a 
worker group eligible to apply for TAA and directly used the service in 
the production of the article or in the supply of the service that was 
the basis for the TAA certification.
    Rather, the subject facilities separate, consolidate and package 
finished parts that are produced by others, and ship the packages to 
Chrysler points of contacts, who then forward the packages to car 
dealerships who ordered the parts on behalf of the dealership's 
customers.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Chrysler LLC, Mopar Parts 
Distribution Center in Center Line, Michigan (TA-W-70,949); Naperville, 
Illinois (TA-W-70,949A); New Boston, Michigan (TA-W-70,949B); 
Beaverton, Oregon (TA-W-70,949C0; Carrollton, Texas (TA-W-70,949D); 
Fontana, California (TA-W-70,949E); Lathrop, California (TA-W-70,949F); 
Denver, Colorado (TA-W-70,949G); Ontario, California ((TA-W-70,949H); 
Hazelwood, Missouri (TA-W-70,949I); Morrow, Georgia (TA-W-70,949J); 
Memphis, Tennessee (TA-W-70,949K); Tappan, New York (TA-W-70,949L); 
Mansfield, Massachusetts (TA-W-70,949M); Plymouth, Minnesota (TA-W-
70,949N); Streetsboro, Ohio (TA-W-70,949O); Orlando, Florida (TA-W-
70,949P); Milwaukee, Wisconsin (TA-W-70,949Q); Warren, Michigan (TA-W-
70,949R); and Marysville, Michigan (TA-W-70,949S).

    Signed in Washington, DC, on this 2nd day of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-11638 Filed 5-11-11; 8:45 am]
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