DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,425

TRANE COMPANY
GLOBAL CONTROLS AND CONTRACTING DIVISION
A SUBSIDIARY OF AMERICAN STANDARD COMPANY
WHITE BEAR LAKE, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 November 4, 2003 in response to a petition filed by a State agency representative on behalf of workers of Trane Company, Global Controls and Contracting, a subsidiary of American Standard Company, White Bear Lake, Minnesota. The workers of the subject firm produce building automation systems and unit controllers, and HVAC controller products.
The investigation revealed that criteria (a)(2)(A)(I-A) and (a)(2)(B)(II-A) were not met.
The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974.
In addition, in accordance with Section 246 of the Trade Act of 1974 (216 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 to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers at Trane Company, Global Controls and Contracting, a subsidiary of American Standard Company, White Bear Lake, Minnesota are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.

Conclusion
After careful review, I determine that all workers of Trane Company, Global Controls and Contracting, a subsidiary of American Standard Company, White Bear Lake, Minnesota are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and 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