Petitioner Type: Company
Impact Date: 08/29/2018
Filed Date: 08/30/2019
Most Recent Update: 04/24/2020
Determination Date: 04/24/2020
Expiration Date: 04/24/2022
Employment and Training Administration
TA-W-95,135
CONTINENTAL POWERTRAIN USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM MARKETPLACE STAFFING,
PENMAC STAFFING, TRS STAFFING AND PRODUCTION ASSOCIATES
FOUNTAIN INN, SOUTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
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 have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on August 30, 2019 by a company official on behalf of
workers and former workers of Continental Powertrain USA, LLC,
including on-site leased workers from Marketplace Staffing,
Penmac Staffing, Tres Staffing and Production Associates,
Fountain Inn, South Carolina (subject firm). The workers' firm
is engaged in activities related to the production of catalytic
converters.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted production to a foreign country which
contributed importantly to worker group separations at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the subject firm, who
are engaged in activities related to the production of catalytic
converters, 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 Continental Powertrain USA, LLC, including
on-site leased workers from Marketplace Staffing, Penmac
Staffing, TRS Staffing and Production Associates, Fountain
Inn, South Carolina, who became totally or partially
separated from employment on or after August 29, 2018
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
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."
Signed in Washington, D.C. this 24th day of April 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance