DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,286

DURACELL
A DIVISION OF THE GILLETTE COMPANY
LEXINGTON, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By letter postmarked April 15, 2005 a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm engaged in the production of high power lithium film camera
batteries.
The initial investigation resulted in a split determination
signed on March 2, 2005. The investigation revealed that workers
at the subject facility are separately identifiable as workers
engaged in the packaging of zinc air hearing aid batteries and
workers engaged in the production of high power lithium film
camera batteries. Based on the investigation results the first
group was certified eligible for Trade Adjustment Assistance and
Alternative Trade Adjustment Assistance, while the second group
was denied these benefits. The negative determination was based
on the finding that imports of high power lithium film camera
batteries did not contribute importantly to worker separations at
the subject plant and no shift of production to a foreign source
occurred. The notice was published in the Federal Register on
April 1, 2005 (70 FR 16846).
In the request for reconsideration the petitioner alleges
that all workers of the subject firm have been cross-trained to
perform various tasks within the subject firm and are not
separately identifiable by the products manufactured.
A company official was contacted to verify these allegations.
The company official stated that the information provided by the
subject firm to the Department during the initial investigation was
not detailed. The official further stated, that in fact, employees
of Duracell in Lexington, North Carolina are cross-trained to
perform multiple tasks and it is impossible to separate them
according to the production lines. Therefore, workers of the
subject firm are not separately identifiable.
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 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 firm 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 initial investigation, I
determine that there was a shift in production from the workers’
firm or subdivision to a foreign country 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 Duracell, a division of the Gillette
Company, Lexington, North Carolina, who became totally or
partially separated from employment on or after December 30,
2003 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are eligible 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 May, 2005


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


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,286

DURACELL
A DIVISION OF THE GILLETTE COMPANY
LEXINGTON, NORTH CAROLINA

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. 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 January 4, 2005 in response
to a petition filed on behalf of workers of Duracell, a division of
The Gillette Company, Lexington, North Carolina. Workers at the
subject facility are separately identifiable as workers engaged in
the packaging of zinc air hearing aid batteries and workers engaged
in the production of high power lithium film camera batteries.
The investigation revealed that criteria (a)(2)(B) have been
met for workers of the firm engaged in the packaging of zinc air
hearing aid batteries.
The investigation revealed that the employment of workers
engaged in the packaging of the zinc air hearing aid batteries at
the subject firm decreased absolutely from 2003 to 2004.
Furthermore, the investigation revealed that the subject firm
shifted the packaging of zinc air hearing aid batteries from
Lexington, North Carolina to Belgium.
Moreover, the investigation revealed that imports of
packaged zinc air hearing aid batteries is likely to increase.
Additionally, 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 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 firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
With respect to workers of the subject firm engaged in the
production of high power lithium film camera batteries, the
investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) were not met.
The investigation revealed that the subject firm did not
import high power lithium film camera batteries in 2003 or 2004.
Furthermore, the subject firm did not shift production of high
power lithium film camera batteries abroad during the relevant
period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of high power lithium
film camera batteries. This survey revealed negligible imports of
high power lithium film camera batteries during the relevant
period.
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 engaged in the production of high power lithium film camera
batteries are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained during this
investigation, I determine that that there was a shift in
production of packaged zinc air hearing aid batteries from the
subject firm to a foreign country of articles that are like or
directly competitive with packaged those produced by the subject
firm, 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:
"Workers engaged in packaging zinc air hearing aid batteries
at Duracell, a division of The Gillette Company, Lexington,
North Carolina, who became totally or partially separated from
employment on or after December 30, 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;” and
I further determine that workers engaged in the production
high power lithium film camera batteries at Duracell, a division of
The Gillette Company, Lexington, North Carolina, 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 2nd day of March 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance