Petitioner Type: Company
Impact Date:
Filed Date: 07/19/2005
Most Recent Update: 09/14/2005
Determination Date: 09/14/2005
Expiration Date:
Employment and Training Administration
TA-W-57,567A
CEQUENT ELECTRICAL PRODUCTS
BREAKAWAY SWITCHES PRODUCT LINE
ALBION, INDIANA
TA-W-57,567B
CEQUENT ELECTRICAL PRODUCTS
CABLE CONNECTORS PRODUCT LINE
ALBION, INDIANA
Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance
By letter dated November 22, 2005, a company official
requested administrative reconsideration regarding Alternative
Trade Adjustment Assistance (ATAA) applicable to workers of the
subject firm. The negative determination was signed on September
14, 2005, and soon will be published in the Federal Register.
The workers of Cequent Electrical Products, Breakaway
Switches Product Line, Albion, Indiana (TA-W-57,567A) and Cequent
Electrical Products, Cable Connectors Product Line, Albion,
Indiana (TA-W-57,567B) were certified eligible to apply for Trade
Adjustment Assistance (TAA) on September 14, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the company official
provided new information confirming that the skills of the
workers at the subject firm are not easily transferable in the
local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Cequent Electrical Products, Breakaway
Switches Product Line, Albion, Indiana (TA-W-57,567A) and
all workers of Cequent Electrical Products, Cable Connectors
Product Line, Albion, Indiana(TA-W-57,567B), who became
totally or partially separated from employment on or after
July 15, 2004 through September 14, 2007, are eligible to
apply for trade 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 3rd day of February, 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,567
CEQUENT ELECTRICAL PRODUCTS
LIGHT ASSEMBLIES PRODUCT LINE
ALBION, INDIANA
TA-W-57,567A
CEQUENT ELECTRICAL PRODUCTS
BREAKAWAY SWITCHES PRODUCT LINE
ALBION, INDIANA
TA-W-57,567B
CEQUENT ELECTRICAL PRODUCTS
CABLE CONNECTORS PRODUCT LINE
ALBION, INDIANA
Determinations 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
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 July 19, 2005 in response
to a petition filed by a company official on behalf of workers of
Cequent Electrical Products, Light Assemblies Product Line (TA-W-
57,567), Breakaway Switches Product Line (TA-W-57,567A), and Cable
Connectors (TA-W-57,567B), Albion, Indiana. The workers produce
light assemblies, breakaway switches, and cable connectors for the
recreational vehicle industry; workers are separately identifiable
by product line.
With regards to the Light Assemblies Product Line, the
investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import light assemblies, nor did it shift production abroad during
the relevant period.
The production of light assemblies will be transferred to a
domestic facility upon the subject facility’s shutdown on September
30, 2005.
With regards to the Breakaway Switches Product Line, it is
determined in this case that the requirements of (a)(2)(A) and
(a)(2)(C) of Section 222 have been met.
The investigation revealed that the subject firm will start
shifting production of breakaway switches to China and import them
back into the United States upon the subject plant’s shutdown on
September 30, 2005.
With regards to the Cable Connectors Product Line, it is
determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The declines in employment, sales, and production at the
subject product line are related to a shift in production of cable
connectors to a country (Mexico) that is a party to a free trade
agreement with the United States. The shift will commence upon the
subject facility’s shutdown on September 30, 2005.
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.
With respect to workers producing lights, 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.
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 with respect to workers
producing switches and connectors, criterion 2 has not been met.
The workers’ possess skills that are easily transferable to new
positions.
Conclusion
After careful review, I determine that all workers of Cequent
Electrical Products, Light Assemblies Product Line, Albion, Indiana
(TA-W-57,567) are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Furthermore, after careful review, I determine that increases
of imports of articles like or directly competitive with those
produced by the Breakaway Switches Product Line contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
I also determine that there was a shift in production from the
Cable Connectors Product Line to Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Cequent Electrical Products, Breakaway
Switches Product Line, Albion, Indiana (TA-W-57,567A), and
Cequent Electrical Products, Cable Connectors Product Line
Albion, Indiana (TA-W-57,567B), who became totally or
partially separated from employment on or after July 15, 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.”
I further determine that all workers of Cequent Electrical
Products, Light Assemblies Product Line (TA-W-57,567),
Breakaway Switches Product Line, (TA-W-57,567A), and Cable
Connections Product Line, Albion, Indiana (TA-W-57,567B), are
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 14th day of September, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance