DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,150

SIEMENS ENERGY & AUTOMATION, INC.
DISTRIBUTION PRODUCTS DIVISION
BELLEFONTAINE, OHIO

TA-W-58,150A

SIEMENS ENERGY & AUTOMATION, INC.
DISTRIBUTION PRODUCTS DIVISION
URBANA, OHIO

Negative Determinations Regarding 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. 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 October 18, 2005 in
response to a petition filed by a company official on behalf of
workers at Siemens Energy & Automation, Inc., Distribution Products
Division, Bellefontaine, Ohio (TA-W-58,150) engaged in the
production of control components and Siemens Energy & Automation,
Inc., Distribution Products Division, Urbana, Ohio (TA-W-58,150A)
engaged in the production of the fabrication of plastic components
molding. Workers at the subject firms are separately identifiable
by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm produces
these products for a foreign market-base.
The investigation revealed that although the subject firm has
shifted the production of control components from Bellefontaine,
Ohio and the production of plastic component molding from Urbana,
Ohio abroad, the shifts were not to a country with a free trade
agreement with the United States or a beneficiary country.
The subject firm did not import control components or plastic
component moldings during 2003, 2004, or during the period of
January through September 2005.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that workers of Siemens Energy &
Automation, Inc., Distribution Products Division, Bellefontaine,
Ohio (TA-W-58,150) engaged in the production of control components,
and workers of Siemens Energy & Automation, Inc., Distribution
Products Division, Urbana, Ohio (TA-W-58,150A) engaged in the
production of plastic component molding, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 23rd day of November 2005.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance