DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,111

DAYCO PRODUCTS LLC
ENGINEERING DEPARTMENT
ROCHESTER HILLS, MICHIGAN

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. 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
facility, have become totally or partially separated, or
are threatened to become totally or partially separated;
B. the sales or production, or both, of such facility 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 State of Michigan official on behalf of
workers at of Dayco Products LLC, Engineering Department,
Rochester Hills, Michigan. The workers at the subject facility
perform computer aided design (CAD) and engineering of
components and assemblies for automotive parts produced by the
firm.
The investigation revealed that criteria (a)(2)(A)(I.C),
and (a)(2)(B)(II.B) have not been met.
The investigation revealed that sales and production of
components and assemblies for automotive parts produced by Dayco
Products LLC increased from 2002 to 2003, and in January through
March 2005 when compared to January through March 2004.
The investigation revealed that the subject facility did
not increase imports of components and assemblies for automotive
parts.
The petitioner asserts that the work in the subject firm's
Engineering Department was shifted to India. The investigation
determined that the work was shifted to another domestic
location and not to a foreign country.
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 of the facts obtained in this
investigation, I determine that all workers of Dayco Products
LLC, Engineering Department, Rochester Hills, Michigan, 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, as amended.
Signed in Washington, D.C., this 23rd day of June, 2005.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance