Petitioner Type: Company
Impact Date: 04/09/2005
Filed Date: 04/29/2005
Most Recent Update: 05/17/2005
Determination Date: 05/17/2005
Expiration Date: 05/17/2007
Employment and Training Administration
TA-W-57,071
MAKITA CORPORATION OF AMERICA
INCLUDING ON-SITE LEASED WORKERS OF
STAFFING SOLUTIONS AND ETCON
BUFORD, GEORGIA
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 in response to a petition
received on April 29, 2005, and filed by a company official on
behalf of workers at Makita Corporation of America, Buford,
Georgia. The worker group also includes leased workers of Staffing
Solutions and Etcon. The workers produced power tools.
Workers at the subject firm were determined eligible to apply
for adjustment assistance on April 8, 2003 (TA-W-50,466). That
certification expired April 8, 2005.
The investigation revealed that declines in employment at the
subject firm are related to the subject firm shifting its
production of power tools to China, and subsequently importing
those products into the United States.
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 that the workers in the workers'
firm possess skills that are easily transferable.
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 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 Makita Corporation of America, including on-
site leased workers of Staffing Solutions and Etcon, Buford,
Georgia, who became totally or partially separated from
employment on or after April 9, 2005, 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 Makita Corporation of
America, including on-site leased workers of Staffing Solutions and
Etcon, Buford, Georgia, are denied eligibility to apply for
alternative trade assistance under section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 17th day of May 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance