DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,531

GEN CORP., INC.
GDX AUTOMOTIVE DIVISION
SALISBURY, NORTH CAROLINA



Negative Determinations 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 14, 2003 in response to a petition filed on behalf of workers at Gen Corp., Inc., GDX Automotive Division, Salisbury, North Carolina. The workers produced Ford motor 225 rubber seals.
The investigation revealed that criteria (I.C) and (II.B) were not met.
Petitioners allege that a shift in production has led to worker separations. The investigation revealed that the subject firm did not shift production abroad nor did they import Ford motor 225 rubber seals during the relevant period.
Further, the U.S. Department of Labor conducted a bid survey regarding the bid project for rubber seals. The survey revealed no foreign awardees during the relevant period.
Conclusion
After careful review, I determine that all workers of Gen Corp., Inc., GDX Automotive Division, Salisbury, North Carolina are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D.C., this 9th day of December 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance