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TAA Decision 97019

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        UNITED STATES DEPARTMENT OF LABOR 
Employment and Training Administration 
TA-W-97,019 
TENNECO INC. 

CLEAN AIR DIVISION 

JEFFERSONVILLE, INDIANA 
Negative Determination Regarding Eligibility 
To Apply for Trade Adjustment Assistance for Workers 

In accordance with Section 223 of the Trade Act of 1974, as amended ("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 investigation was initiated in response to a TAA petition dated June 24, 2021 and filed 
on June 28, 2021 by a State Workforce Office, on behalf of workers and former workers of Tenneco 
Inc., Clean Air division, Jeffersonville, Indiana (hereafter referred to as a "group of workers"). In 
accordance with 20 C.F.R. 618 a group of workers is defined as, ""¦inclusive of teleworkers and 
staffed workers." 

The group of workers is engaged in activities related to the production of automotive 
exhaust systems and are not separately identifiable by product. 

The petition alleged that worker separations, or threats thereof, were due to global market 
impacts. Jobs are being consolidated into other locations. Tenneco has locations in Mexico, South 
America, Europe, and Asia. 

During the course of the investigation, the Department collected information from the 
petitioner(s), the workers' firm, and other relevant sources. 

Workers of a firm may be eligible for TAA if they satisfy the criteria of subsection (a), (b) 
or (e) of Section 222 of the Trade Act, 19 U.S.C. § 2272(a), (b) and (e). 

For the Department to issue a certification for workers under Section 222(a) of the Trade 
Act, 19 U.S.C. § 2272(a), the following criteria must be met: 

Employment Criterion 

(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. 
The Department determines that the employment criterion has been met. 

Decreased Sales and Production Criterion 

(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely; 

According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data must 
generally consist of a comparison of sales or production data on the petition date to sales or 
production data on the date that is 1 year prior to the petition date." 

The Department determines that the decreased sales or production criterion has not been 
met. In fact, sales/production increased when comparing the period of July 2019 through June 2020 
to July 2020 through June 2021. 

Increased Imports Criterion 
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles 
produced or services supplied by such firm have increased; 
(II)(aa) imports of articles like or directly competitive with articles into which one 
or more component parts produced by such firm are directly incorporated have 
increased; 
(bb) imports of articles like or directly competitive with articles which are produced 
directly using services supplied by such firm, have increased; AND 

(III) imports of articles directly incorporating one or more component parts produced 
outside the United States that are like or directly competitive with imports of articles 
incorporating one or more component parts produced by such firm have increased. 
The Department did not make a determination on whether the increased imports criterion 
was met because the decreased sales or production criterion was not met. 

Contributed Importantly Criterion 
(2)(A)(iii) The increase in imports described in clause (ii) contributed importantly to such 
workers' separation or threat of separation and to the decline in the sales or production 
of such firm. 

The Department did not make a determination on whether the contributed importantly 
criterion was met because no finding regarding the increased imports criterion was made. 

Shift/Acquisition Criterion 
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production 
of articles or the supply of services like or directly competitive with articles which 
are produced or services which are supplied by such firm; or 

(II) such workers' firm has acquired from a foreign country articles or services that 
are like or directly competitive with articles which are produced or services which 
are supplied by such firm; 

According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift/activity must generally 
consist of a (1) Comparison of shift data on the petition date to shift data on the date that is 1 year 
prior to the petition date; (2) Review of shift activity during the 1-year period prior to the petition 
date; and (3) Review of evidence provided by the workers' firm regarding shift activity scheduled 
to occur after the petition date." 

According to 20 C.F.R. 618.225(b)(2)(iii)(A), "Analysis of impact of shift activity on 
worker separations must generally consist of determining: (1) Whether there are one or more events 
or factors that sever or lessen the causal nexus between the shift activity and worker separations 
or threat of separation; (2) What percentage of the workers' firm sales or production declines was 
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility 
or facilities decreased at the same or at a greater rate than operations at the foreign facility or 
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact of 
shift activity on the workers' firm." 

According to 20 C.F.R. 618.225(c)(2)(ii), "Analysis of acquisition data must generally 
consist of a (A) Comparison of acquisition data on the petition date to acquisition data on the date 
that is 1 year prior to the petition date; (B) Review of acquisition data during the 1-year period 
prior to the petition date; and (C) Review of evidence provided by the workers' firm regarding 
acquisition activity scheduled to occur after the petition date." 

According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker 
separations must generally consist of determining: (A) Whether there are one or more events or 
factors that lessen or sever the causal nexus between the acquisition activity and worker separations 
or threat of separation; (B) What percentage of the workers' firm sales or production declines was 
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic 
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations 
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify 
the impact of acquisition activity on the workers' firm." 

The Department determines that the shift/acquisition criterion has not been met. The 
investigation revealed the workers' firm did not shift the production of automotive exhaust systems 
to a foreign country. Furthermore, the workers' firm did not acquire said articles, or articles like or 
directly competitive, from producers outside of the United States 

Contributed Importantly Criterion 

(ii) the shift described in clause (i)(I) or the acquisition of articles or services described 
in clause (i)(II) contributed importantly to such workers' separation or threat of 
separation. 
The Department did not make a determination on whether the contributed importantly 
criterion was met because the shift/acquisition criterion was not met. 

For the Department to issue a certification for workers under Section 222(b) of the Trade 
Act, 19 U.S.C. § 2272(b), the following criteria must be met: 

Employment Criterion 

(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. 
The Department determines that the employment criterion has been met. 

Supplier/Downstream Producer Criterion 

(2) the workers' firm is a supplier or downstream producer to a firm that employed a group 
of workers who received a certification of eligibility under subsection (a), and such supply 
or production is related to the article or service that was the basis for such certification 
(as defined in subsection (c) (3)and (4)); and 
Section 222(c)(4) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Supplier" to 
mean "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 a group of workers employed 
by such other firm." 

Section 222(c)(3) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Downstream 
Producer" to mean "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)." For purposes of this "Downstream Producer" 
definition, the Trade Act provides that, ""¦value-added production processes or services include 
final assembly, finishing, testing, packaging, or maintenance or transportation services." 

The Department determines that the supplier/downstream producer criterion has not been 
met. The workers' firm is not a Supplier or does not act as a Downstream Producer to a firm that 
employed a group of workers who received a certification of eligibility to apply for TAA. 

20% or Contributed Importantly Criterion 

(3) either 
(A) the workers firm is a supplier and the component parts it supplied to the firm 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 described in paragraph (2) 
contributed importantly to the workers' separation or threat of separation determined 
under paragraph (I). 
20 C.F.R. 618.225(d)(5) states that "the component part supplied represented at least 20 
percent of the supplier's production or sales during the 1-year period prior to the petition date, 
or loss of business with the firm, during the 1-year period prior to the petition date, contributed 
importantly to separations or threat of separation at the workers' firm." Sec. 222(c) of the Trade 

Act and 20 C.F.R. 618.110 defines contributed importantly as, "a cause that is important but not 
necessarily more important than any other cause." 

The Department did not make a determination on whether the 20% or contributed 
importantly criterion was met because the supplier/downstream producer criterion was not met. 

For the Department to issue a certification for workers under Section 222(e) of the Act, 19 

U.S.C. § 2272(e), the following criteria must be met: 
Member of Domestic Industry Criterion 

(1) the workers' firm is publicly identified by name by the International Trade Commission 
as a member of a domestic industry in an investigation resulting in"”(
A) an affirmative determination of serious injury or threat thereof under section 202(b) 
(1); 
(B) an affirmative determination of market disruption or threat thereof under section 
421(b)(1); or 
(C) an affirmative final determination of material injury or threat thereof under section 
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 
1673d(b)(1)(A)); 
The Department determines that the member of a domestic industry criterion has not been 
met. The workers' firm has not been publicly identified by name by the International Trade 

Commission as a member of a domestic industry in an investigation resulting in an affirmative 
finding of serious injury, market disruption, or material injury, or threat thereof. 

Timely Petition Filing Criterion 

(2) the petition is filed during the 1-year period beginning on the date on which"” 
(A) a summary of the report submitted to the President by the International Trade 
Commission under section 202(f)(1) with respect to the affirmative determination 
described in paragraph (1)(A) is published in the Federal Register under section 202(f) 
(3); or 
(B) notice of an affirmative determination described in subparagraph (B) or (C) of 
paragraph (1) is published in the Federal Register; and 
The Department did not make a determination on whether the timely petition filing criterion 
was met because the member of domestic industry criterion was not met. 

Employment Criterion 

(3) the workers have become totally or partially separated from the workers' firm within-(
A) the 1-year period described in paragraph (2); or 
(B) notwithstanding section 223(b), the 1-year period preceding the 1-year period 
described in paragraph (2). 
The Department did not make a determination on whether the employment criterion was 
met because no finding regarding the timely petition filing criterion was made. 
Conclusion 

After careful review of the facts obtained in the investigation, I determine that the 
requirements of Section 222 of the Trade Act, 19 U.S.C. § 2272, have not been met and, therefore, 
deny the petition for group eligibility of Tenneco Inc., Clean Air division, Jeffersonville, Indiana, 
who are engaged in activities related to the production of automotive exhaust systems to apply for 
Trade Adjustment Assistance for workers, in accordance with Section 223 of the Trade Act, 19 
U.S.C. § 2273. 
Signed in Washington, D.C. this 31st day of August, 2021 

/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK 
Certifying Officer, Office of 
Trade Adjustment Assistance 


      

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