DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,428

MAGNETI MARELLI POWERTRAIN USA, LLC
SANFORD, NORTH CAROLINA

TA-W-56,428B

INCLUDING EMPLOYEES OF MAGNETI MARELLI POWERTRAIN USA, LLC
SANFORD, NORTH CAROLINA
WORKING ON-SITE AT THE
HARLEY DAVIDSON FACILITY, WAUWATOSA, WISCONSIN

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and a Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on March 4, 2005,
applicable to workers of Magneti Marelli Powertrain USA, LLC,
Sanford, North Carolina. The notice was published in the Federal
Register on April 1, 2005 (70 FR 16847).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm.


New information shows that worker separations have occurred
involving employees of the Sanford, North Carolina facility of
Magneti Marelli Powertrain USA, LLC working on-site at the Harley
Davidson Facility, located in Wauwatosa, Wisconsin. Mr. Daniel
Kaari, Mr. Scott Metcalf and Mr. David Jones provided customer
support services for the production of engine management
components and systems (e.g.-throttle bodies, fuel injectors, and
carburetors) at the Sanford, North Carolina location of the
subject firm.
Based on these findings, the Department is amending this
certification to include employees of the Sanford, North Carolina
facility of the subject firm working on-site at the Harley
Davidson Facility located in Wauwatosa, Wisconsin.
The intent of the Department’s certification is to include
all workers of the Sanford, North Carolina location of the
subject firm who was adversely affected by increased customer
imports.


The amended notice applicable to TA-W-56,428 is hereby
issued as follows:
"All workers of Magneti Marelli Powertrain USA, LLC,
Sanford, North Carolina (TA-W-56,428), and Magneti
Marelli Powertrain USA, LLC, Michigan Office,
Farmington Hills, Michigan (TA-W-56,428A), including
employees of Magneti Marelli Powertrain USA, LLC,
Sanford North Carolina working on-site at the Harley
Davidson Facility, Wauwatosa, Wisconsin, who became
totally or partially separated from employment on or
after January 3, 2004, through March 4, 2007, are
eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.”



I further determine that all workers of Magneti
Marelli Powertrain USA, LLC, Sanford, North Carolina
(TA-W-58,428), and Magneti Marelli Powertrain USA, LLC,
Michigan Office, Farmington Hills, Michigan (TA-W-
56,428A), including employees of Magneti Marelli
Powertrain USA, LLC, Sanford, North Carolina working
on-site at the Harley Davidson Facility, Wauwatosa,
Wisconsin (TA-W-56,428B) are denied eligibility for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 29th day of June 2006.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,428

MAGNETI MARELLI POWERTRAIN USA, LLC
SANFORD, NORTH CAROLINA

TA-W-56,428A

MAGNETI MARELLI POWERTRAIN USA, LLC
MICHIGAN OFFICE
FARMINGTON HILLS, MICHIGAN

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 (19
USC 2273), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated on January 28, 2005, in
response to a petition filed by a company official on behalf of
workers at Magneti Marelli Powertrain USA, LLC, Sanford, North
Carolina (TA-W-56,428) and Magneti Marelli Powertrain USA, LLC,
Michigan Office, Farmington Hills, Michigan (TA-W-56,428A).
Workers at the Sanford, North Carolina Facility (TA-W-56,428)
produce engine management components and systems (e.g.- throttle
bodies, fuel injectors, and carburetors). Workers at the Michigan
Office, Farmington Hills, Michigan (TA-W-56,428A) are engaged in
business development and administration, which is in direct support
of the production activities of the Sanford, North Carolina
Facility.
The investigation revealed that sales, production and
employment at the subject firm declined from the period of January
2004 compared to the same period in 2005.
The Department of Labor surveyed the companies to which the
subject firm submitted a bid for a contract to produce engine
management components and systems. The survey revealed lost
contract(s) were awarded to foreign bidder(s) in which the subject
firm was the lowest domestic bidder.
In addition, in accordance with Section 246 of 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 that the workers possess skills
that are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with engine management components and
systems at the subject firm contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:












"All workers of Magneti Marelli Powertrain USA, LLC, Sanford,
North Carolina (TA-W-56,428), and Magneti Marelli Powertrain
USA, LLC, Michigan Office, Farmington Hills, Michigan (TA-W-
56,428A) who became totally or partially separated from
employment on or after January 3, 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
“I further determine that all workers of of Magneti Marelli
Powertrain USA, LLC, Sanford, North Carolina (TA-W-56,428),
and Magneti Marelli Powertrain USA, LLC, Michigan Office,
Farmington Hills, Michigan (TA-W-56,428A) are denied
eligibility for Alternative Trade Adjustment Assistance under
Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C. this 4th day of March, 2005.


/s/ Elliott S. Kushner


______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance