DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,845

MAHA USA, LLC
PINCKARD, ALABAMA

Negative Determinations 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on October 22, 2004 in
response to a petition filed by a company official on behalf of
workers of MAHA USA, LLC, Pinckard, Alabama. The workers at the
subject firm produce hydraulic 2-post and 4-post automotive lifts.
Workers are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The investigation revealed that the subject firm did not
import any hydraulic 2-post or 4-post automotive lifts from 2002 to
2003, or during the period of January through September 2004.
Furthermore, although the subject firm plans on shifting its
production of hydraulic 2-post and 4-post automotive lifts to
Germany in the near future, this foreign country is neither party
to a free-trade agreement with the U.S., nor a beneficiary country
under the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery Act; and
future imports of hydraulic 2-post and 4-post automotive lifts are
unlikely at this time.
The U.S. Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of hydraulic 2-
post and 4-post automotive lifts during 2002, 2003, and January
through September 2004. The survey revealed negligible imports of
hydraulic 2-post or 4-post automotive lifts during the period under
investigation.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of MAHA
USA, LLC, Pinckard, Alabama are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 29th day of November, 2004.



/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance