DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,476

TORO IRRIGATION AND CONSUMER PRODUCTS
EL PASO, TEXAS

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 August 19, 2004, in
response to a petition filed by a company official on behalf of
workers at Toro Irrigation and Consumer Products, El Paso, Texas.
The workers produce garden tools and irrigation equipment.
The investigation revealed that a shift in production from the
subject facility to a country (Mexico) under a free trade agreement
with the United States occurred during the period of investigation.
Layoffs occurred as a result of this shift in production.
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 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 the skills of the worker group
are easily transferable to other positions in the local commuting
area.


Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Toro Irrigation and Consumer Products, El
Paso, Texas, who became totally or partially separated from
employment on or after August 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 Toro Irrigation and
Consumer Products, El Paso, Texas 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 14th day of September, 2004.

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