Petitioner Type: Union
Impact Date:
Filed Date: 02/12/2004
Most Recent Update: 03/17/2004
Determination Date: 03/17/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,248
K S BEARINGS INC.
GREENSBURG, INDIANA
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 February 12, 2004 in
response to a petition filed by the United Automobile and
Aerospace Workers International Union, Local 1457, on behalf of
workers at K S Bearings Inc., Greensburg, Indiana. The workers
produce washers and bearings used by automotive, tractor and
diesel engine manufacturers.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with the washers or bearings produced at the
Greensburg, Indiana facility, nor did it shift production abroad
during the relevant period.
The investigation further revealed that production and sales
at the subject facility are primarily for the export market and
thus not affected by imports.
The Department of Labor surveyed the major domestic customer
of the subject firm regarding its purchases of washers during
2002, 2003 and January through March 2004. The survey revealed
that customer imports were very minor compared with purchases
from subject plant.
Worker separations at the subject facility are related to
the consolidation of production from the Greensburg, Indiana
plant to another domestic location.
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 assis-
tance (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 K S
Bearings Inc., Greensburg, Indiana are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denial eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 17th day of March 2004.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance