Petitioner Type: Workers
Impact Date:
Filed Date: 12/30/2003
Most Recent Update: 02/11/2004
Determination Date: 02/11/2004
Expiration Date:
Employment and Training Administration
TA-W-53,898
TIMKEN US CORPORATION
FORMERLY KNOWN AS THE TORRINGTON COMPANY
TORRINGTON, CONNECTICUT
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 December 30, 2003 in
response to a petition filed on behalf of workers at Timken US
Corporation, formerly known as the Torrington Company,
Torrington, Connecticut. The workers at the subject firm
produced airframe bearings.
The investigation revealed that criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import airframe bearings from 2002 to 2003.
Furthermore, the investigation revealed that the subject
firm did not shift production of its airframe bearings abroad
during the period under investigation.
The Department of Labor surveyed the subject firm's
customers regarding their purchases of airframe bearings. This
survey revealed no increases in imports of airframe bearings
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.
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 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
Timken US Corporation, formerly known as the Torrington
Company, Torrington, Connecticut are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C. this 11th day of February, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance