DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,405

NSK CORPORATION
ANN ARBOR, MICHIGAN


Notice of Revised Determination
on Reconsideration

On February 1, 2006, the Department issued a Negative
Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance and Alternative Trade Adjustment Assistance
for the workers and former workers of NSK Corporation, Ann Arbor,
Michigan. The Department’s Notice of determination was published
in the Federal Register on February 22, 2006 (71 FR 9161).
The initial negative determination was based on the findings
that the subject firm did not import ball bearings or shift ball
bearing production overseas during the relevant period. The
Department conducted a survey of the subject company’s major
customers regarding their purchases of ball bearings. The survey
revealed no increases of ball bearing imports while reducing
purchases from the subject firm. The investigation also revealed
that the subject firm had scheduled a shift of production from
the subject facility to another domestic production facility.
By application dated March 21, 2006, the International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (UAW) requested administrative reconsideration
by the Department.
In the request for reconsideration, the UAW alleged that the
subject firm had shifted production from NSK Corporation,
Clarinda, Iowa to several overseas production facilities and that
this shift of production had contributed significantly to worker
separations at the subject facility.
During the reconsideration investigation, the Department
contacted a subject firm official who stated that the subject
firm shifted bearing production overseas and that the foreign-
produced bearings were returning to the United States. The
official also stated that due to excess domestic production
capacity, the subject facility was closing. Worker separations
began October 2005 and will continue through 2007. The subject
facility will be completely closed in 2007.
The investigation also revealed that all criteria have been
met in regard to Alternative Trade Adjustment Assistance (ATAA).
A significant number or proportion of the worker group are age
fifty years or over and workers possess skills that are not
easily transferable. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of bearings
like or directly competitive with those produced at the subject
facility contributed importantly to worker separations at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of NSK Corporation, Ann Arbor, Michigan who
became totally or partially separated from employment on or
after November 18, 2004, through two years from the date of
this 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 11th day of April 2006.

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,405

NSK CORPORATION
ANN AROBOR, 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. 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 November 23, 2005 in
response to a petition filed by the International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America, Local 36 on behalf of workers of NSK Corporation,
Pittsfield, Michigan, producing ball bearings. The investigation
found that the proper name and location of the subject firm is NSK
Corporation, Ann Arbor, Michigan.
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 ball bearings during 2003, 2004, or January through October
of 2005.
Furthermore, the investigation revealed that the subject firm
will shift production to another domestic facility and did not
shift production of ball bearings abroad during the relevant
period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of ball bearings.
These surveys revealed no increases in imports in 2003, 2004, or
January to October 2005 of ball bearings while reducing purchases
from the subject firm.
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 NSK Corporation, Ann
Arbor, Michigan engaged in employment related to the production of
ball bearings 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 1st day of February, 2006.


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