Petitioner Type: State
Impact Date:
Filed Date: 05/04/2005
Most Recent Update: 06/10/2005
Determination Date: 06/10/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,108
PARKER HANNIFIN CORP.
MINNEAPOLIS, MINNESOTA
Negative Determination 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. 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 May 4, 2005 in response
to a petition filed by a company official on behalf of workers
of Parker Hannifin Corp., Hydraulic Valve Division, Minneapolis,
Minnesota. The workers are involved in research and design
projects, including modifications and prototypes.
The research and design work performed at Parker Hannifin
Corp., Hydraulic Valve Division, Minneapolis, Minnesota,
supports the firm's production of hydraulic valves.
The investigation revealed that criteria (a)(2)(A)(I.B)
and (a)(2)(B)(II.B) were not met.
Sales and production of hydraulic valves at each of the
firm's domestic production facilities increased from 2003 to
2004 and during the period of January through April 2005 when
compared to the same period in 2004.
In addition, the subject firm did not shift production of
hydraulic valves to a foreign country 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 are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Parker Hannifin Corp., Hydraulic Valve Division, Minneapolis,
Minnesota, 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 226 of the Trade Act of
1974.
Signed in Washington, D.C. this 10th day of June 2005.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance