Petitioner Type: Company
Impact Date:
Filed Date: 10/15/2002
Most Recent Update: 11/06/2002
Determination Date: 11/06/2002
Expiration Date:
Employment and Training Administration
TA-W-42,247
TECMOTIV MANUFACTURING CORPORATION
A SUBSIDIARY OF TECMOTIV (USA), INC.
TONAWANDA, NEW YORK
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on October 15, 2002 in
response to a petition filed on behalf of workers at Tecmotiv
Manufacturing Corporation, Tonawanda, New York. The workers
produced steering gear boxes and military machine parts.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import steering gear boxes and military machine parts during 2000,
2001 or January through August 2002.
Furthermore, the Department of Labor surveyed the subject
firm's major customers regarding their purchases of steering gear
boxes and military machine parts during 2000, 2001 and January
through August 2002. The survey revealed that none of the
customers imported steering gear boxes and military machine parts
during the period under investigation.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firm (NAFTA-7617).
Conclusion
After careful review, I determine that all workers at Tecmotiv
Manufacturing Corporation, a subsidiary of Tecmotive (USA), Inc.,
Tonawanda, New York, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of November, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance