Petitioner Type: Company
Impact Date: 11/05/2001
Filed Date: 11/06/2002
Most Recent Update: 11/21/2002
Determination Date: 11/21/2002
Expiration Date: 11/21/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,021
BUEHLER MOTOR, INC.
KINSTON, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met -- a shift in production from the
workers' firm or subdivision to an eligible foreign country of
articles like or directly competitive with those produced by the
subject firm or subdivision under section 222(a)(2)(B)(i); and,
either the foreign country is a party to a free trade agreement
with the United States under section 222(a)(2)(B)(ii)(I), is a
beneficiary country under section 222(a)(2)(B)(ii)(II), or there
has been or is likely to be an increase in imports of like or
directly competitive articles.
The investigation was initiated in response to a petition
received on November 6, 2002 and filed by a company official on
behalf of workers at Buehler Motor, Inc., Kinston, North Carolina.
The workers produce sub-fractional HP permanent magnet DC motors,
and gearmotor fans.
The investigation revealed the subject firm shifted production
to Mexico causing layoffs during the period of the investigation.
Production shifted to Mexico will be imported into the United
States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Buehler Motor, Inc., Kinston, North Carolina
who became totally or partially separated from employment on
or after November 5, 2001 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 21st day of November 2002
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance