Petitioner Type: Company
Impact Date: 10/31/2002
Filed Date: 11/18/2003
Most Recent Update: 12/22/2003
Determination Date: 12/22/2003
Expiration Date: 12/22/2005
Employment and Training Administration
TA-W-53,561
LUCERNE TECHNOLOGIES, LLC
BOLIVAR, TENNESSEE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers' firm or subdivision contributed
importantly to workers' separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on November 18, 2003 in
response to a petition filed by a company official on behalf of
workers at Lucerne Technologies, LLC, Bolivar, Tennessee. Workers
at the subject firm produced electric AC and DC switches and speed
controls; they are not separately identifiable by product line.
The investigation revealed sales, production and employment
declined from 2001 to 2002 and during the period of January through
October 2003 when compared to the same period in 2002. The subject
firm closed on November 21, 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of electric AC and DC
switches and speed controls. This survey revealed increased
imports of electric AC and DC switches and speed controls during
the relevant period.
In addition, In order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electric AC and DC switches and
speed controls produced at Lucerne Technologies, LLC, Bolivar,
Tennessee 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 Lucerne Technologies, LLC, Bolivar, Tennessee
who became totally or partially separated from employment on
or after October 31, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 22nd day of December 2003
/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance