Petitioner Type: Company
Impact Date: 10/18/2003
Filed Date: 10/20/2004
Most Recent Update: 11/05/2004
Determination Date: 11/05/2004
Expiration Date: 11/05/2006
Employment and Training Administration
TA-W-55,830
MODINE MANUFACTURING
AFTERMARKET BUSINESS
CURRENTLY KNOWN AS PROLIANCE INTERNATIONAL
EMPORIA, KANSAS
Amended 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) the Department of Labor issued Amended Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on November 5, 2004,
applicable to workers of Modine Manufacturing, Emporia, Kansas.
The notice was published in the Federal Register on December 9,
2004 (69 FR 71429).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of aftermarket automotive
radiators.
New information from the company and the State agency shows
that on July 23, 2005, the Aftermarket Business of Modine
Manufacturing merged with Transpro, Inc. and formed a combined
company named Proliance International. Workers separated from
employment at the subject firm had their wages reported under a
separated unemployment insurance (UI) tax account for Proliance
International.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the Aftermarket Business, Modine Manufacturing who
were adversely affected by increased imports.
The amended notice applicable to TA-W-55,830 is hereby
issued as follows:
"All workers of the Aftermarket Business of Modine
Manufacturing, which became known as Proliance
International, Emporia, Kansas, who became totally or
partially separated from employment on or after October 18,
2003, through November 5, 2006, 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 26th day of July 2005.
/s/ Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,830
MODINE MANUFACTURING
EMPORIA, KANSAS
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, as
amended (19 USC 2273), 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers’ firm or subdivision contributed
importantly to workers’ separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on October 20, 2004 in
response to a petition filed by a company official on behalf of
workers at Modine Manufacturing, Emporia, Kansas. The workers at
the subject facility produce aftermarket automotive radiators.
The investigation revealed that production and employment at
the subject facility declined from 2002 to 2003.
The investigation further revealed that company imports of
aftermarket automotive radiators increased during the relevant
period.
In addition, 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 facility 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 determine that increases of imports of articles
like or directly competitive with aftermarket automotive radiators
produced at Modine Manufacturing, Emporia, Kansas 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 Modine Manufacturing, Emporia, Kansas who
became totally or partially separated from employment on or
after October 18, 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 in Washington, D. C., this 5th day of November 2004
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance