Certified
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TAW-54712  /  Gemeinhardt Company (Elkhart, IN)

Petitioner Type: Union
Impact Date: 04/12/2003
Filed Date: 04/13/2004
Most Recent Update: 05/25/2004
Determination Date: 05/25/2004
Expiration Date: 05/25/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,712

GEMEINHARDT COMPANY
ELKHART, INDIANA

Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated May 4, 2005, the Chauffeurs, Teamsters and
Helpers, Local Union No. 364, requested ATAA consideration for
workers at the subject firm located in Elkhart, Indiana.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the musical instruments industry
are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Gemeinhardt Company, Elkhart, Indiana who
became totally or partially separated from employment on or
after April 12, 2003 through May 25, 2006 are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 20th day of June 2005

/s/ Linda G. Poole

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,712

GEMEINHARDT COMPANY
ELKHART, INDIANA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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 13, 2004, in response
to a petition filed by Teamsters Local #364 on behalf of workers of
Gemeinhardt Company, Elkhart, Indiana. The workers produce flutes
and piccolos.
The investigation revealed that some job losses at the subject
firm can be attributed to the subject firm’s increased reliance on
imports from a foreign manufacturer.
A survey conducted by the Department of Labor for the period
2002 through April 2004 revealed that major customers increased
their purchases of imported flutes while decreasing purchases from
Gemeinhardt.
United States imports of woodwind musical instruments
increased markedly in 2003 and again in the first quarter of 2004.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with flutes and piccolos produced at
Gemeinhardt Company, Elkhart, Indiana 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 Gemeinhardt Company, Elkhart, Indiana who
became totally or partially separated from employment on or
after April 12, 2003 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 25th day of May, 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.