Petitioner Type: Company
Impact Date:
Filed Date: 02/23/2006
Most Recent Update: 03/31/2006
Determination Date: 03/31/2006
Expiration Date:
Employment and Training Administration
TA-W-58,897
INGERSOLL CM SYSTEMS, LLC
MIDLAND, MICHIGAN
Negative 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, 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 February 23, 2006,
in response to a petition filed by a company official on
behalf of workers of Ingersoll CM Systems, LLC, Midland,
Michigan. The workers were engaged in the production of
crankshaft processing equipment for the automotive
industry.
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met for
workers of the subject firm.
The investigation revealed that during 2004, 2005 and
January 2006, the subject firm did not shift production of
crankshaft processing equipment to a foreign country, nor
did the subject firm import crankshaft processing
equipment.
The Department of Labor surveyed the subject firm's
major declining customers regarding their purchases of
crankshaft processing equipment during 2004, 2005 and
January 2006. These surveys determined that none of the
customers increased import purchases of crankshaft
processing equipment while reducing purchases from the
subject firm during the relevant 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 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, I determine that workers of
Ingersoll CM Systems, LLC, Midland, 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.
Signed in Washington, D.C., this 31st day of March, 2006.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance