Petitioner Type: Company
Impact Date: 01/30/2003
Filed Date: 02/12/2004
Most Recent Update: 03/04/2004
Determination Date: 03/04/2004
Expiration Date: 03/04/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,250
VALEO, INC.
TRANSMISSION DIVISION
HAMPTON, VIRGINIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
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)(B) of
Section 222 have been met.
The investigation was initiated on February 12, 2004 in
response to a petition filed by a company official on behalf of
workers of Valeo, Inc., Transmission Division, Hampton, Virginia.
The workers produce clutch assemblies.
The investigation revealed that the subject firm has
experienced significant employment and production declines at the
subject plant. A significant reliance on company imports of
clutches has been historically established and is likely to be
expanded as the balance of production is wholly shifted to foreign
locations.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion #2 has not been
met.
The investigation revealed that worker group skills are
easily transferable in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there is a shift in production from
the workers firm or subdivision to Turkey, France, Brazil Tunisia
and Mexico of articles that are like or directly competitive with
those produced by the subject firm or subdivision, 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:
"All workers of Valeo, Inc., Transmission Division, Hampton,
Virginia who became totally or partially separated from
employment on or after January 30, 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."
I further determine that all workers of Valeo, Inc.,
Transmission Division, Hampton, Virginia are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 4th day of March 2004.
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance