Petitioner Type: State
Impact Date: 10/30/2002
Filed Date: 11/04/2003
Most Recent Update: 12/08/2003
Determination Date: 12/08/2003
Expiration Date: 12/08/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,424
CLORE AUTOMOTIVE, LLC
EDEN PRAIRIE, MINNESOTA
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 (19 USC 2273), 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)(B) of Section 222 have been met.
The investigation was initiated November 4, 2003 in response to a petition filed by a state agency representative on behalf of workers of Clore Automotive, LLC, Eden Prairie, Minnesota. The workers at the subject facility produced welding, lifting, battery service/portable power and environmental recyclers products; they are not separately identifiable by product line.
The investigation revealed that employment at the subject facility decreased from 2001 to 2002, and January through August 2003.
Furthermore, the investigation revealed that the subject facility shifted production of the welding and lifting products from Eden Prairie, Minnesota to China, Italy and Mexico.
The subject facility has increased imports of battery service/portable power products, and welding and lifting products during the relevant period.
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 2 has not been met.
The investigation revealed that workers of the subject firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the investigation, I determine that that there was a shift in production from the subject firm to a foreign country of articles that are like or directly competitive with those produced by the subject firm, and there has been or is likely to be an increase in imports of like or directly competitive articles. In accordance with the provisions of the Act, I make the following certification:
"All workers of Clore Automotive, Eden Prairie, Minnesota who became totally or partially separated from employment on or after October 30, 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 Clore Automotive, Eden Prairie, Minnesota 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 8th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,424
CLORE AUTOMOTIVE, LLC
EDEN PRAIRIE, MINNESOTA
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 (19 USC 2273), 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)(B) of Section 222 have been met.
The investigation was initiated November 4, 2003 in response to a petition filed by a state agency representative on behalf of workers of Clore Automotive, LLC, Eden Prairie, Minnesota. The workers at the subject facility produced welding, lifting, battery service/portable power and environmental recyclers products; they are not separately identifiable by product line.
The investigation revealed that employment at the subject facility decreased from 2001 to 2002, and January through August 2003.
Furthermore, the investigation revealed that the subject facility shifted production of the welding and lifting products from Eden Prairie, Minnesota to China, Italy and Mexico.
The subject facility has increased imports of battery service/portable power products, and welding and lifting products during the relevant period.
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 2 has not been met.
The investigation revealed that workers of the subject firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the investigation, I determine that that there was a shift in production from the subject firm to a foreign country of articles that are like or directly competitive with those produced by the subject firm, and there has been or is likely to be an increase in imports of like or directly competitive articles. In accordance with the provisions of the Act, I make the following certification:
"All workers of Clore Automotive, Eden Prairie, Minnesota who became totally or partially separated from employment on or after October 30, 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 Clore Automotive, Eden Prairie, Minnesota 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 8th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance