Petitioner Type: State
Impact Date: 01/28/2005
Filed Date: 11/23/2005
Most Recent Update: 12/12/2005
Determination Date: 12/12/2005
Expiration Date: 12/12/2007
Correction: 1/3/06
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,400
MOLTECH POWER SYSTEMS, INC.
A DELAWARE CORPORATION
A SUBSIDIARY OF SHANGHAI TYRE AND RUBBER COMPANY
INCLUDING LEASED ON-SITE PRODUCTION WORKERS OF GEVITY HR
GAINESVILLE, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on November 23, 2005 in
response to a petition filed by a state workforce agent on
behalf of workers producing at Moltech Power Systems, Inc., a
Delaware Corporation, a subsidiary of Shanghai Tyre and Rubber
Company, Gainesville, Florida. The workers produce rechargeable
batteries. The subject firm leased some on-site production
workers of Gevity HR.
Workers at the subject firm were certified eligible to
apply for adjustment assistance on January 27, 2003 (TA-W-
50,493). That certification expired January 27, 2005.
This investigation revealed that employment, sales, and
production at the subject firm declined in January through
November 2005 compared with the same period in 2004.
The investigation also revealed that imports of
rechargeable batteries by the subject firm from China increased
relative to sales and production during the relevant time
period.
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 group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with rechargeable batteries
produced at Moltech Power Systems, Inc., a Delaware Corporation,
a subsidiary of Shanghai Tyre and Rubber Company, including
leased on-site production workers of Gevity HR, Gainesville,
Florida contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
“All workers of Moltech Power Systems, Inc., a Delaware
Corporation, a subsidiary of Shanghai Tyre and Rubber
Company, including leased on-site production workers of
Gevity HR, Gainesville, Florida who became totally or
partially separated from employment on or after January 28,
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, 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 12th day of December, 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance