DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,928

CNH AMERICA, LLC
A SUBSIDIARY OF CNH GLOBAL, NV
INCLUDING LEASED WORKERS FROM KELLY SERVICES
RACINE, WISCONSIN

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 May 18, 2004 in response to
a petition filed by UAW, Region 4, Local 180, on behalf of workers
of CNH America, LLC, a subsidiary of CNH Global, NV, Racine,
Wisconsin. The workers produce grey iron castings for agricultural
and construction equipment.
The subject firm leased some of its workers from Kelly
Services, Racine, Wisconsin.
The investigation revealed that employment and production at
the subject firm declined during the period under investigation.
The investigation further revealed that the decline in
employment at the subject firm is due to a shift in production to
China of articles like or directly competitive with articles
produced by the subject firm's successor. Moreover, the Department
of Labor has determined that imports of articles like or directly
competitive with those produced by the subject firm are likely to
increase.
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. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
3. Whether the workers in the workers' firm possess skills
that are not easily transferable.
The Department has determined that criterion 3 has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China 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 CNH America, LLC, a subsidiary of CNH Global,
NV, including leased workers from Kelly Services, Racine,
Wisconsin who became totally or partially separated from
employment on or after May 17, 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 CNH America, LLC, a
subsidiary of CNH Global, NV, Racine, Wisconsin 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 28th day of May 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance