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TAW-54981  /  Elkhart Foundry and Machine Co., Inc. (Elkhart, IN)

Petitioner Type: Company
Impact Date: 05/25/2003
Filed Date: 05/26/2004
Most Recent Update: 07/06/2004
Determination Date: 07/06/2004
Expiration Date: 07/06/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,981

ELKHART FOUNDRY & MACHINE CO., INC.
ELKHART, INDIANA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 May 26, 2004, in
response to a petition filed jointly by International
Association of Machinists and Aerospace Workers, Local 90 and a
company official on behalf of the workers at Elkhart Foundry &
Machine Co., Inc., Elkhart, Indiana. The workers produced gray
and ductile iron castings. The workers are not separately
identifiable by product line.
The investigation revealed that sales, production and
employment at the subject firm declined from January through
April 2004 when compared to the same time period in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of gray and ductile iron
castings. This survey revealed increases in customer imports of
gray and ductile iron castings during the relevant time period.
Furthermore, the investigation revealed that there were
substantial and increasing United States aggregate imports of
gray and ductile iron castings during the period under
investigation.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with those produced at Elkhart
Foundry & Machine Co., Inc. contributed importantly to the
decline in sales or production and to the total or partial
separation of workers of that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Elkhart Foundry & Machine Co., Inc.,
Elkhart, Indiana who became totally or partially separated
from employment on or after May 25, 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed at Washington, D.C., this 6th day of July, 2004.

/s/ Linda G. Poole

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