DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,376

DELPHI CORPORATION
DELPHI ENERGY CHASSIS SYSTEMS DIVISION
KETTERING, OHIO

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 9, 2004 a state agency
representative requested ATAA consideration for workers at the
subject firm located in Kettering, Ohio.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers of the subject
firm possess skills that are easily transferable to other
positions within the local area.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Delphi Corporation, Delphi Energy
Chassis Systems Division, Kettering, Ohio, are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 4th day of January 2005

/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,376

DELPHI CORPORATION
DELPHI ENERGY CHASSIS SYSTEMS DIVISION
KETTERING, OHIO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on July 23, 2003, and filed on behalf of workers at Delphi
Corporation, Delphi Energy Chassis Systems division, Kettering,
Ohio. Workers of the subject group produce dampers and damper
components; they are separately identifiable by product line.
The investigation revealed that sales, production, and
employment at the subject firm decreased absolutely from 2001 to
2002 and further decreased from January through June of 2003.
Furthermore, imports of dampers and damper components by the
subject firm increased absolutely during the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with dampers and damper components
produced at Delphi Corporation, Delphi Energy Chassis Systems
division, Kettering, Ohio, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Delphi Corporation, Delphi Energy Chassis
Systems division, Kettering, Ohio, engaged in the production
of dampers and damper components, who became totally or
partially separated from employment on or after July 22, 2002,
through two years from the date of certification, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed in Washington, D. C. this 22nd day of August, 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance




May want to list the specific citation to the group eligibility requirements.