DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,849

EATON CORPORATION
THREE RIVERS, MICHIGAN

Negative Determination 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 state representative on behalf of workers at
Eaton Coporation, Three Rivers, Michigan. The workers at the subject
firm produce mirror actuators and transmission control modules; they
are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not separate
or threaten to separate a significant number or proportion of workers
as required by Section 222 of the Trade Act of 1974. Significant
number or proportion of the workers in a firm or appropriate
subdivision thereof, means that total or partial separations, or both,
of at least three workers with a workforce of fewer than 50 workers or
five percent of the workers with a workforce over 50 workers.
Separations by the subject firm did not meet this threshold level.
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 Eaton
Corporation, Three Rivers, Michigan, 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 19th day of November 2004.

/s/ Linda G. Poole

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