Petitioner Type: Workers
Impact Date: 09/19/2005
Filed Date: 09/21/2006
Most Recent Update: 10/12/2006
Determination Date: 10/12/2006
Expiration Date: 04/06/2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,115
MODINE MANUFACTURING
BLYTHEWOOD, SOUTH CAROLINA
Notice of Revised Determination
on Reconsideration
On November 16, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Modine Manufacturing, Blythewood,
South Carolina (the subject firm). The Department’s Notice of
affirmative determination was published in the Federal Register
on November 24, 2006 (71 FR 67918).
The worker-filed petition, dated September 19, 2006, stated
that the subject firm produces automotive transmission oil
coolers, that the subject firm will close in April 2007, and that
subject firm production is shifting abroad (to Mexico).
The denial of the workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) was based on the Department’s findings that
there was no decline in sales or production in January through
August 2006 compared to the same period in 2005, the subject firm
did not import, and the subject firm did not shift production
abroad during the relevant period. The determination was issued
on October 12, 2006 and the Notice of determination was published
in the Federal Register on October 25, 2006 (71 FR 62490).
Based on the July 20, 2006 WARN notice provided during the
reconsideration (“It is anticipated that the plant closing will
commence on September 15, 2006 and will continue into 2007”), the
Department determines that, during the relevant period, there
were significant sales, production, and employment declines at
the subject firm.
On reconsideration, the Department received information that
revealed no increased import purchases of automotive transmission
oil coolers or articles like or directly competitive with
automotive transmission oil coolers by either the subject firm or
the subject firm’s major declining customers. As such, the
Department determines that increased imports did not contribute
importantly to the subject workers’ separations.
During the reconsideration investigation, the Department
also confirmed with company officials that production shifted
from the subject firm to an affiliated facility in Illinois.
When it became apparent during the reconsideration
investigation that the subject workers are not eligible to apply
for TAA as primary workers, the Department conducted an
investigation to determine whether the workers are eligible as
secondary workers (workers of a company that supplied component
parts to a customer that employed a group of workers certified
for TAA).
As the reconsideration investigation progressed, the
Department was able to identify a subject firm customer that
employed a group of workers who received a TAA certification and
determined that the component parts supplied by the subject firm
are related to the article that was the basis for the
certification. Further, the new information revealed that the
TAA-certified customer constituted over 20% of subject firm sales
prior to the plant closure in September 2006.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility 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 information obtained in the
reconsideration investigation, I determine that workers of Modine
Manufacturing, Blythewood, South Carolina qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Modine Manufacturing, Blythewood, South
Carolina, who became totally or partially separated from
employment on or after September 19, 2005 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 eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed at Washington, D.C. this 6th day of April 2007
/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,115
MODINE MANUFACTURING
AUTOMOTIVE DIVISION-RICHLAND PLANT
BLYTHEWOOD, SOUTH CAROLINA
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 September 21, 2006 in
response to a petition filed on behalf of workers of Modine
Manufacturing, Automotive Division-Richland Plant, Blythewood,
South Carolina. The workers produce automotive transmission oil
coolers.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The subject firm experienced an increase in sales from 2004 to
2005 while production remained constant. Furthermore, there was no
decline in either sales or production in January through August
2006 compared to the same period in 2005.
In addition, the subject firm did not shift production abroad
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 of the facts obtained in the
investigation, I determine that all workers of Modine
Manufacturing, Automotive Division-Richland Plant, Blythewood,
South Carolina 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 12th day of October 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-60,115
MODINE MANUFACTURING
BLYTHEWOOD, SOUTH CAROLINA
Notice of Revised Determination
on Reconsideration
On November 16, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Modine Manufacturing, Blythewood,
South Carolina (the subject firm). The Department’s Notice of
affirmative determination was published in the Federal Register
on November 24, 2006 (71 FR 67918).
The worker-filed petition, dated September 19, 2006, stated
that the subject firm produces automotive transmission oil
coolers, that the subject firm will close in April 2007, and that
subject firm production is shifting abroad (to Mexico).
The denial of the workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) was based on the Department’s findings that
there was no decline in sales or production in January through
August 2006 compared to the same period in 2005, the subject firm
did not import, and the subject firm did not shift production
abroad during the relevant period. The determination was issued
on October 12, 2006 and the Notice of determination was published
in the Federal Register on October 25, 2006 (71 FR 62490).
Based on the July 20, 2006 WARN notice provided during the
reconsideration (“It is anticipated that the plant closing will
commence on September 15, 2006 and will continue into 2007”), the
Department determines that, during the relevant period, there
were significant sales, production, and employment declines at
the subject firm.
On reconsideration, the Department received information that
revealed no increased import purchases of automotive transmission
oil coolers or articles like or directly competitive with
automotive transmission oil coolers by either the subject firm or
the subject firm’s major declining customers. As such, the
Department determines that increased imports did not contribute
importantly to the subject workers’ separations.
During the reconsideration investigation, the Department
also confirmed with company officials that production shifted
from the subject firm to an affiliated facility in Illinois.
When it became apparent during the reconsideration
investigation that the subject workers are not eligible to apply
for TAA as primary workers, the Department conducted an
investigation to determine whether the workers are eligible as
secondary workers (workers of a company that supplied component
parts to a customer that employed a group of workers certified
for TAA).
As the reconsideration investigation progressed, the
Department was able to identify a subject firm customer that
employed a group of workers who received a TAA certification and
determined that the component parts supplied by the subject firm
are related to the article that was the basis for the
certification. Further, the new information revealed that the
TAA-certified customer constituted over 20% of subject firm sales
prior to the plant closure in September 2006.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility 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 information obtained in the
reconsideration investigation, I determine that workers of Modine
Manufacturing, Blythewood, South Carolina qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Modine Manufacturing, Blythewood, South
Carolina, who became totally or partially separated from
employment on or after September 19, 2005 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 eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed at Washington, D.C. this 6th day of April 2007
/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,115
MODINE MANUFACTURING
AUTOMOTIVE DIVISION-RICHLAND PLANT
BLYTHEWOOD, SOUTH CAROLINA
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 September 21, 2006 in
response to a petition filed on behalf of workers of Modine
Manufacturing, Automotive Division-Richland Plant, Blythewood,
South Carolina. The workers produce automotive transmission oil
coolers.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The subject firm experienced an increase in sales from 2004 to
2005 while production remained constant. Furthermore, there was no
decline in either sales or production in January through August
2006 compared to the same period in 2005.
In addition, the subject firm did not shift production abroad
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 of the facts obtained in the
investigation, I determine that all workers of Modine
Manufacturing, Automotive Division-Richland Plant, Blythewood,
South Carolina 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 12th day of October 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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