Petitioner Type: Workers
Impact Date:
Filed Date: 05/14/2003
Most Recent Update: 06/16/2003
Determination Date: 06/16/2003
Expiration Date:
Employment and Training Administration
TA-W-51,762
INGERSOLL MILLING MACHINE COMPANY
A DIVISION OF INGERSOLL INTERNATIONAL, INC.
ROCKFORD, ILLINOIS
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,
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 May 14, 2003 in response to a
petition filed on behalf of the workers of Ingersoll Milling Machine
Company, a division of Ingersoll International, Inc., Rockford,
Illinois. The workers produced machines and machine parts and were not
separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that there were no company imports of
machine or machine parts, nor was there a shift in production of
machines or machine parts to a foreign country during 2001, 2002, or
during the period of January through March 2003.
Furthermore, the Department of Labor surveyed the entities to
which the subject firm submitted bids during the relevant period. The
survey revealed that these contracts were not awarded to a foreign
firm.
Conclusion
After careful review, I determine that all workers at Ingersoll
Milling Machine Company, a division of Ingersoll International, Inc.,
Rockford, Illinois, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of June, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance