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TAW-98279  /  Oakley Industries Sub-Assembly Division Inc. (Belvidere, IL)

Petitioner Type: State
Impact Date: 04/28/2021
Filed Date: 04/29/2022
Most Recent Update: 06/10/2022
Determination Date: 06/10/2022
Expiration Date: 06/10/2024









UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,279
OAKLEY INDUSTRIES SUB-ASSEMBLY DIVISION INC.
BELVIDERE PLANT DIVISION
BELVIDERE, ILLINIOS
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 inthe workers' firm or an appropriate subdivision of thefirm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2)the workers' firm (or subdivision) is a Supplier orDownstream Producer to a firm (or subdivision) thatemployed a group of workers who received acertification 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 componentparts it supplied to the firm (or subdivision)
described in paragraph (2) accounted for at least 20percent of the production or sales of the workers'firm; or

(B)a loss of business by the workers' firm with thefirm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation orthreat 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 28, 2022 and
filed on April 29, 2022 by a State workforce agency, on behalf
of former workers of Oakley Industries Sub-Assembly Division
Inc., Belvidere Plant Division, Belvidere, Illinois (hereafter
referred to as the "worker group" or "Oakley-Belvidere Plant"). 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 the production of tires and wheel
assemblies. The petition alleges that worker separations, of
threats thereof, are due to increased imports.

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 Oakley-Belvidere Plant
have become totally or partially separated, or are threatened to
become totally or partially separated.

Section 222(b)(2) has been met because Oakley-Belvidere
Plant 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 the supply of the component parts is
related to the actual finished article that was the basis for
such certification.

Section 222(b)(3)(B) has been met because the loss of
business by the workers' firm with the afore-referenced firm
contributed importantly to worker separations at Oakley-
Belvidere Plant.

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 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 criteria (II) and (III),
sections 246(a)(3)(A)(ii)(II) and (III), has not been met.

The investigation revealed the workers' firm possess skills
that are easily transferable and that conditions within the
workers' industry are not adverse.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Oakley-Belvidere
Plant, who are engaged in activities related to the production
of tires and wheel assemblies, 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 Oakley Industries Sub-Assembly Division
Inc., Belvidere Plant Division, Belvidere, Illinois, who
became totally or partially separated from employment on or
after April 28, 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 Oakley Industries Sub-Assembly Division Inc., Belvidere
Plant Division, Belvidere, 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 10th day of June, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance