DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,558

EMERSON APPLIANCE CONTROLS
SPARTA, TENNESSEE

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 September 3, 2004, in
response to a petition filed by a company official on behalf of
workers of Emerson Appliance Controls, Sparta, Tennessee. Emerson
Electric Company is the parent company of the subject firm. The
workers produced electro-mechanical controls for the appliance
industry.
The investigation revealed that layoffs are occurring due to a
shift in production of water valves for refrigerators and
dishwasher valves from the subject facility to a foreign facility.
The company plans to import electro-mechanical controls
beginning late 2004 as a result of these shifts in production.
A certification applicable to the petitioning group of workers
was issued on September 25, 2002 (TA-W-41,984). This certification
remained in effect until September 25, 2004 - two years from the
date of issuance.
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 the workers in the workers' firm
do possess skills that are easily transferable.
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 Emerson Appliance Controls, Sparta, Tennessee
who became totally or partially separated from employment on
or after September 26, 2004 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 Emerson Appliance
Controls, Sparta, Tennessee 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 5th day of October 2004.



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