DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,205

FRANCE
A SCOTT FETZER COMPANY
INCLUDING LEASED WORKERS OF PERSONNEL MANAGEMENT, INC.
FAIRVIEW, 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 December 13, 2004 in response
to a petition filed on behalf of workers at France, a Scott Fetzer
Company, Fairview, Tennessee. The workers produce magnetic
ballasts, ignition and electronic transformers, high voltage
magnetic and electronic transformers.
The investigation revealed that France, a Scott Fetzer
Company, Fairview, Tennessee leased workers from Personnel
Management Inc. to produce magnetic ballasts, ignition and
electronic transformers, high voltage magnetic and electronic
transformers the Fairview, Tennessee.
Employment at the subject plant has declined, and the subject
firm has shifted production of magnetic ballasts, ignition and
electronic transformers, high voltage magnetic and electronic
transformers to a country (Mexico) that is a party to a Free Trade
Agreement with the United States.
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 workers in the workers' firm
possess skills that are easily transferable to other positions in
the local commuting area.
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 Mexico 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 France, a Scott Fetzer Company, Fairview,
Tennessee including leased workers of Personnel Management,
Inc. working at France, a Scott Fetzer Company, Fairview,
Tennessee who became totally or partially separated from
employment on or after December 7, 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 France, a Scott
Fetzer Company, Fairview, Tennessee including leased workers
of Personnel Management, Inc. working at France, a Scott
Fetzer Company, Fairview, 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 26th day of January, 2005.


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