After 25 years General Motors has ended its joint with Toyota at its plant in Fremont, California. The project, known as the New United Motor Manufacturing Inc., or Nummi, has manufactured more than 6 million vehicles, including the Corolla sedan and Tacoma pickup truck for Toyota, and the Pontiac Vibe for GM. GM will no longer be producing Pontiacs next year and intends to discontinue the Vibe in August. GM also announced that it did not intend to continue utilizing the Fremont facility after it emerges from bankruptcy, which is expected to occur in late summer, 2009. The venture allowed Toyota to apply its system in the United States and enabled GM to learn from the Toyota manufacturing process. The plant, which has over 4,700 employees, and has more than 5,000,000 square feet of assembly space is the last auto plant operating in California. Toyota has not yet decided whether it will continue to operate in the Fremont facility, and has rejected reports that it was considering building the Prius in Fremont. Both the Corolla and the Tacoma are being assembled and other facilities, the Corolla in Canada and the Tacoma in Mexico.

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Under a plan proposed by General Motors and the federal government GM will assume responsibility for future product liability claims filed after the new GM company emerges from bankruptcy. More than a dozen state attorneys general have voiced objections to GM’s plan to sell off its desirable assets to a new corporate entity. These could have upset GM’s plan for rapid completion of the bankruptcy process.

This decision will resolve the potential problem of whether customers who have claims regarding their existing GM products, but who have not yet filed lawsuits, can sue GM in state courts. Bankruptcy case law is unclear on this issue, therefore GM and the government’s auto task force chose to assume the liability rather than risk a possible delay in emerging as a new company.

Previously filed product liability lawsuits may be left behind to be handled by the old GM thereby allowing the new GM to emerge with a clean legal slate. Because of its large size, however, GM has instead chosen to assume the legal liability. Last year GM had budgeted more than $900 million for product lawsuits. A committee representing numerous consumer plaintiffs claims to represent $1.25 billion in potential personal injury claims and has objected to GM’s plan to leave such cases with the old GM.

In the meantime, GM has continued to process lemon law claims from California consumers, and presumably those of other states, and honor its obligations to such consumers under existing state lemon law statutes.

Several of GM’s labor unions and a group of General Motors bondholders filed objections on Friday, June 19, 2009 to GM’s plan to sell its assets to a new company. Under GM’s restructuring plan it had intended to sell the majority of its assets to a new company in which the federal government would own a 60% share, the Canadian government 12.5%, and the UAW 17.5% with the remaining unsecured bondholders to receive 10%. The owners of present GM shares would receive nothing.

These objections together with others filed by a few states and cities, other consumer groups, individual retirees, and other bondholders and shareholders may delay GM’s rapid emergence from the Chapter 11 process. The objecting bondholders group calls itself the Unofficial Committee of Family and Dissident GM Bondholders. It stated in Its objection that it was being treated unfairly compared to the interests of other stakeholders and that it deserved greater than a 10% share in the new company which had been proposed if the sale of GM’s assets went through. The group compared itself to the United Automobile Workers union which was scheduled to receive a 17.5% stake in the new company. The bondholders group claims it represents approximately 1,500 bondholders with interests exceeding $400 million. In its objection it also asked the bankruptcy court to allow it to create a committee that could negotiate with GM’s separately from the larger bank and investment firm bondholders. A hearing on the matter was scheduled for June 23, 2009.

Earlier this month General Motors started a new advertising campaign to acquire a larger share of the California market. Californians tend to buy more hybrids and those in other states and are more environmentally conscious. Chrysler, too, wants to grab a share of California’s penchant for small, fuel-efficient car sales which it hopes to fulfill with its partner Italian automaker Fiat. GM has already gotten rid of its high fuel consumption lines of vehicles, in particular Hummer and instead will now focus on more fuel-efficient Buick, Chevrolet, Cadillac, and GMC vehicles. Chevrolet, Cadillac, and GMC already have gas-electric hybrids in their current 2009 product lines, which include the Chevrolet Malibu, Chevrolet Silverado, Cadillac Escalade, and GMC Yukon.

The main focus of GM’s green strategy will be the Chevrolet Volt, an electric hybrid designed to travel 40 miles on one charge, and thereafter have a three cylinder gas engine take over to recharge its lithium-Ion battery pack. The car will be offered for sale in the 2010 model year.

California, in 2008, represented 24.2% of America’s hybrid market which is more than two times the state’s historical share of new vehicle sales in this past decade. Although GM has been steadily losing ground to Toyota and Honda it was still ahead of Ford and Chrysler. In 2008 GM had a 14.2% share of new car sales whereas Ford had an 11.4%, and Chrysler’s was 7.5%. These were significantly less than Toyota’s 25.6% share and Honda’s 13.4% share.

Although 8.5 million cars and light trucks were assembled in the United States last year, the traditional Big Three automakers, Ford, Chrysler, and General Motors, only accounted for about 5 million of those. The remaining 3 million were built in the United States in American plants for manufacturers such as Toyota, Mercedes-Benz, Hyundai, Honda, and BMW. Making it more confusing is that the Big Three also have assembly plants in Canada and Mexico. Thus, American car buyers are faced with the question of whether a car manufactured by a company with its headquarters in Japan, but which has been built in Ohio, as is the Honda Accord, is more American than is a car from an American company headquartered in Michigan selling cars manufactured in Mexico, as is, for example, the Ford Fusion.

Toyota is the leading producer of vehicles built in the United States beating out Chrysler last year by a slight margin. In fact, Honda has been building its vehicles in the United States since as early as 1982 in its plant in Marysville Ohio. And in the 80s and 90s Canadian and Mexican plants were already turning out cars for the Big Three American manufacturers.

Therefore, what is euphemistically called “domestic content,” may not be domestic at all. Domestic content may include parts made in Canada and Mexico. However, while American auto workers are assembling vehicles in American plants for foreign manufacturers, labor is excluded from the determination of what is American-built. Thus, foreign auto manufacturers with assembly plants in the United States cannot factor in the value of American labor, nor be credited for it.

To further confuse matters while, for example, Honda builds its engines in its plant in Ohio for the Acura RTX, the country of origin is still listed as Japan. The reason is that one expensive part, the turbocharger, is actually manufactured and imported from Japan although installed by workers in the Ohio plant.

Clearly, determining whether a car is American-built is confusing and oftentimes misleading.

GM’s secured lenders are likely to be paid off in full. This is different than their counterparts at Chrysler where senior creditors were required to accept less than the full face value of their loans. GM’s reorganization plan will provide approximately $6 billion to pay off secured creditors. Subordinated lenders, however, typically GM’s bond holders, will likely recover only 12.5 cents on the dollar. While this may seem unfair the logic behind it is that the senior secured creditors were willing to accept a lower return in exchange for having a priority position in the event of the firm filing for Chapter 11 protection. Bondholders, and other subordinated lenders, had agreed to accept a higher return but along with that took the risk that they could sustain significant losses in the event that General Motors had to file for bankruptcy protection.

It has been reported that GM is close to concluding a deal with Koenigsegg, a Swedish manufacturer of high end sports cars. This was reported on Swedish television which also reported that a group of Norwegian investors were part of the proposed deal. Saab, operating under Swedish law, had separated from GM in February and thereafter announced that it was seeking new investors to take over the company. Thus far, unlike the United States government, the Swedish government has refused to provide any loan guarantees or capital infusions. It is withholding such decisions until there is an actual sale of the company. Koenigsegg is a small manufacturer of high-performance sports cars which was founded in 1994 and is recognized as a company that produces ultra fast cars and for its attempts to break speed records.