DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,663

NEW CASTLE BATTERY MANUFACTURING COMPANY
NEW CASTLE, PENNSYLVANIA

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 (19
USC 2273), 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 investigation was initiated on April 5, 2004, in response
to a petition filed on behalf of workers at New Castle Battery
Manufacturing Company, New Castle, Pennsylvania. The workers at
the subject firm produce batteries.
The investigation revealed that sales, production and
employment at the subject firm declined from 2002 to 2003 and again
during the period from January through March 2004 compared to the
same period in 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of batteries during
2002, 2003 and January through March 2004 over the corresponding
2003 period. The survey revealed that customers increased their
reliance on imported batteries during the period under
investigation.
In addition, in accordance with Section 246 of 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 the workers possess skills
that are easily transferable to other positions.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with batteries produced at the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of New Castle Battery Manufacturing Company, New
Castle, Pennsylvania who became totally or partially separated
from employment on or after April 2, 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
"I further determine that all workers of New Castle Battery
Manufacturing Company, New Castle, Pennsylvania are denied
eligibility for Alternative Trade Adjustment Assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 28th day of May, 2004



/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance