Petitioner Type: State
Impact Date: 10/28/2002
Filed Date: 11/03/2003
Most Recent Update: 12/04/2003
Determination Date: 12/04/2003
Expiration Date: 12/04/2005
Employment and Training Administration
TA-W-53,410
NIDEC AMERICA CORPORATION
ADF DIVISION
CANTON, MASSACHUSSETTS
Certification 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 December 1, 2004, a company official
requested ATAA consideration for workers at the subject firm
located in Canton, Massachusetts.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the industrial machinery
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Nidec America Corporation, ADF Corporation,
Canton, Massachusetts, who became totally or partially
separated from employment on or after October, 28, 2002
through December 4, 2005, are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 21st 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-53,410
NIDEC AMERICA CORPORATION
ADF DIVISION
CANTON, MASSACHUSSETTS
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 on November 1, 2003 in
response to a petition filed by a State agency representative on
behalf of workers of Nidec America Corporation, ADF Division,
Canton, Massachusetts. The workers at the subject firm produced
cooling fans and blowers; they were not separately identifiable by
product line.
The investigation revealed that sales, production, and
employment at the subject firm decreased absolutely during the
period of January through September of 2003, when compared to the
same period in 2002.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of cooling fans and
blowers. This survey revealed increases in imports of cooling fans
or blowers during the period under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with cooling fans and blowers produced
at Nidec America Corporation, ADF Division, Canton, Massachusetts
contributed importantly to the total or partial separation of
workers and to the decline in sales or production and at that firm
or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Nidec America Corporation, ADF Division,
Canton, Massachusetts, who became totally or partially
separated from employment on or after October 28, 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 4th day of December, 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.
May want to list the specific citation to the group eligibility requirements.