DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,115

DANA CORPORATION
PERFECT CIRCLE HARVEY STREET FOUNDRY DIVISION
MUSKEGON, MICHIGAN

TA-W-53,115A

DANA CORPORATION
PERFECT CIRCLE JEFFERSON STREET DIVISION
MUSKEGON, MICHIGAN

Determinations Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determinations Regarding Eligibility To Apply For
Alternative Trade 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 October 2, 2003, in
response to a petition filed by the International Union, United
Automobile, Aerospace & Agricultural Implement Workers of
America, Region 1D and Local 637, on behalf of workers of Dana
Corporation, Perfect Circle Harvey Street Foundry Division,
Muskegon, Michigan, producing cast iron cylinder sleeves for
automotive aluminum block gas engines (TA-W-53,115), and workers
of Dana Corporation, Perfect Circle Jefferson Street Foundry
Division, Muskegon, Michigan, producing piston ring castings
(TA-W-53,115A).
Perfect Circle Harvey Street Foundry Division:
With respect to workers at Dana Corporation, Perfect Circle
Harvey Street Foundry Division, it is determined in this case
that the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that employment declined from
January through September 2003 when compared to the same time
period 2002.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of cast
iron cylinder sleeves for automotive aluminum block gas engines
to Mexico that is a party to a free trade agreement with the
United States.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
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.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion (3) has not
been met for workers of Dana Corporation, Perfect Circle Harvey
Street Foundry Division, Muskegon, Michigan (TA-W-53,115).
Perfect Circle Jefferson Street Foundry Division:
With respect to workers at Dana Corporation, Perfect Circle
Jefferson Street Foundry Division, it is determined that
criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) are not met.
The investigation revealed that the subject firm neither
imported piston ring castings from another country nor did the
subject firm shift production of piston ring castings to a from
the subject firm to a foreign country from 2001 to 2002 or from
January through September 2003.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of piston ring
castings from the subject firm. The survey revealed no increase
in imports during the period under investigation.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility for workers of Perfect Circle Jefferson Street
Foundry Division, Muskegon, Michigan (TA-W-53,115A), to apply
for ATAA, the worker group must be certified eligible to apply
for trade adjustment assistance (TAA). Since the workers are
denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that a shift in production of
articles to Mexico of articles like or directly competitive with
cast iron cylinder sleeves for automotive aluminum block gas
engines produced at Dana Corporation, Perfect Circle Harvey
Street Foundry Division, Muskegon, Michigan.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Dana Corporation, Perfect Circle Harvey
Street Foundry Division, Muskegon, Michigan (TA-W-53,115)
who became totally or partially separated from employment
on or after April 16, 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;"
and
I further determine that workers of Dana Corporation
Perfect Circle Jefferson Street Foundry Division, Muskegon,
Michigan (TA-W-53,115A), are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
I also determine that workers of Dana Corporation, Perfect
Circle Harvey Street Foundry Division, Muskegon, Michigan (TA-W-
53,115) and Dana Corporation, Perfect Circle Jefferson Street
Foundry Division, Muskegon, Michigan (TA-W-53,115A),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 14th day of November 2003.

/s/ Linda G. Poole

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