DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,867

EATON CORPORATION
OSHTEMO AFTERMARKET OPERATION
OSTEMO, MICHIGAN

Negative Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on February 12, 2003 in
response to a petition filed by the State of Michigan, Department
of Career Development, on behalf of workers at Eaton Corporation,
Oshtemo Aftermarket, Oshtemo, Michigan. The workers produced
remanufactured Class 8 heavy duty transmissions.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The preponderance in the decline in employment is related to a
shift in plant production to other domestic locations.
Sales at the subject firm remained steady from 2001 to 2002
and through the closure of the plant.
There has not been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision. The subject firm did not import remanufactured Class
8 heavy duty transmissions.
Conclusion
After careful review, I determine that all workers of Eaton
Corporation, Oshtemo Aftermarket, Oshtemo, Michigan are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended.

Signed in Washington, D.C. this 5th day of May 2003

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance