Petitioner Type: Workers
Impact Date: 01/18/2004
Filed Date: 01/19/2005
Most Recent Update: 02/08/2005
Determination Date: 02/08/2005
Expiration Date: 02/08/2007
Employment and Training Administration
TA-W-56,356
EATON CORPORATION
GENERAL PRODUCTS DIVISION
AIR CONTROLS BUSINESS UNIT
INCLUDING LEASED WORKERS FROM ADECAS AND PERSON INDUSTRIES
ROXBORO, NORTH CAROLINA
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 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 in response to a petition
received on January 19, 2005, and filed on behalf of workers at
Eaton Corporation, General Products Division, Air Controls Business
Unit, Roxboro, North Carolina. The workers produced tire valves
and air control products.
The investigation revealed that Eaton Corporation, General
Products Division, Air Controls Business Unit, Roxboro, North
Carolina, also leased workers from Adecas and Person Industries,
who were engaged in the production of tire valves and air control
products.
The investigation further revealed that the declines in
employment at the subject firm are related to the subject firm
shifting its production of tire valves and air control products to
Taiwan and China, and subsequently importing those products into
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 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 facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Taiwan and China 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 Eaton Corporation, General Products Division,
Air Controls Business Unit, Roxboro, North Carolina, including
leased workers from Adecas and Person Industries working at
Eaton Corporation, Roxboro, North Carolina, who became totally
or partially separated from employment on or after January 18,
2004, 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 8th day of February 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance