DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,081

THE TORO COMPANY
INCLUDING LEASED WORKERS OF ABLEST & ADECCO
OXFORD, MISSISSIPPI

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 January 26, 2004 in
response to a petition filed by a company official on behalf of
workers of the Toro Company, Oxford, Mississippi. The workers at
the subject firm produce 2 cycle engines and are separately
identifiable as machining workers and assembly workers. The
subject firm also leases workers from Ablest and Adecco.
The investigation revealed that the workers at the subject
firm are threatened with separation.
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for workers of the Toro
Company, Oxford, Mississippi engaged in the machining of 2 cycle
engine components.

The investigation further revealed that the subject firm is
shifting the machining of 2 cycle engine components to China.
Moreover, the investigation revealed that imports of 2 cycle
components are likely to increase.
However, the investigation revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met for workers of the
Toro Company, Oxford, Mississippi engaged in the assembly of 2
cycle engines.
The investigation revealed that the subject firm is shifting
the assembly of 2 cycle engines to another domestic facility.
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 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 for workers at the Toro
Company, Oxford, Mississippi engaged in the machining of 2 cycle
engine components.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
However, since workers of the Toro Company, Oxford,
Mississippi engaged in the assembly of 2 cycle engines are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production of machining 2 cycle engine components, 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:
"Workers of the Toro Company, including leased workers of
Ablest and Adecco, Oxford, Mississippi, engaged in employment
related to the machining of 2 cycle engine components, who
became totally or partially separated from employment on or
after January 12, 2003 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."



Furthermore, after careful review, I determine that workers of
the Toro Company, including leased workers of Ablest and Adecco,
Oxford, Mississippi, engaged in employment related to the assembly
of 2 cycle engines, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 19th day of February 2004

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance