DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,351

GKN AUTOMOTIVE, INC.
SANFORD, NORTH CAROLINA

TA-W-53,351A

GKN AUTOMOTIVE, INC.
MEBANE, NORTH CAROLINA

TA-W-53,351B

GKN AUTOMOTIVE, INC.
TIMBERLAKE, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination 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.
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.
The investigation was initiated on October 27, 2003 in
response to a petition filed by a company official on behalf of
workers of GKN Automotive, Inc., Sanford, North Carolina (TA-W-53,351), GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A) and GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B). Workers at the Sanford facility (TA-W-53,351) produce constant velocity plunge joints. Workers at the Mebane facility (TA-W-53,351A) produce fixed joints. Workers at the Timberlake facility (TA-W-53,351B) assemble halfshafts.
The investigation revealed that employment declined during the period January through October 2003 when compared to the same period in 2002 at the GKN Automotive, Inc. Sanford, North Carolina facility (TA-W-53,351), GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A) and at GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B).
The investigation further revealed that the preponderance in the declines in employment at the subject facilities is related to a shift in production of constant velocity plunge joints, fixed joints and halfshaft assemblies during the relevant period to a country (Mexico) that is a party to a free trade agreement with the United States.
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 in the case of GKN Automotive, Inc. Sanford, North Carolina (TA-W-53,351), GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A) and at GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B) that the requirements of criterion 2. of Section 246 has not been met.
The investigation revealed that the skills of the worker groups are easily transferable.
Conclusion

After careful review of the facts obtained in the investigation, I determine 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 GKN Automotive, Inc., Sanford, North Carolina (TA-W-53,351); GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A); and GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B).
In accordance with the provisions of the Act, I make the following certification:
“All workers of GKN Automotive, Inc., Sanford, North Carolina (TA-W-53,351); GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A); and GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B), who became totally or partially separated from employment on or after October 24, 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 all workers of GKN Automotive, Inc., Sanford, North Carolina (TA-W-53,351); GKN Automotive, Inc., Mebane, North Carolina (TA-W-53,351A); and GKN Automotive, Inc., Timberlake, North Carolina (TA-W-53,351B), are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 5th day of December 2003.

/s/ Linda G. Poole

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