DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,126

MICHELIN NORTH AMERICA INC.
BF GOODRICH TIRE MANUFACTURING
OPELIKA, ALABAMA


Notice of Revised Determination
on Reconsideration

By application dated November 1, 2006, a company official
requested administrative reconsideration of the Department of
Labor’s Notice of Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to workers and
former workers of the subject firm. The Notice of Affirmative
Determination Regarding Application for Reconsideration was
issued on November 15, 2006 and published in the Federal Register
on November 24, 2006 (71 FR 67917).
The initial determination was based on the Department’s
finding that the subject firm did not separate or threaten to
separate a significant number or proportion of workers as
required by the Trade Act of 1974. The subject workers produce
passenger and light truck tires and are not separately
identifiable by product line.
Based on new information provided by the subject firm during
the reconsideration investigation, the Department determined
that, during the relevant period, a significant number or
proportion of the workers at the subject firm was separated.
The Department further determines that the subject firm’s
sales and production of tires declined absolutely during the
relevant period.
The subject firm’s reliance on imported tires increased
during the same period that the subject firm’s tire production
decreased.
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 information obtained in the
reconsideration investigation, I determine that workers of
Michelin North America Inc., BF Goodrich Tire Manufacturing,
Opelika, Alabama qualify as adversely affected primary 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 Michelin North America Inc., BF Goodrich
Tire Manufacturing, Opelika, Alabama, who became totally
or partially separated from employment on or after
September 20, 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 in Washington, D.C., this 18th day of December 2006.



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





4510-30-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,126

MICHELIN NORTH AMERICA INC.
BF GOODRICH TIRE MANUFACTURING
OPELIKA, ALABAMA

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 September 22, 2006 in
response to a petition filed by a company official on behalf of
workers at Michelin North America Inc., BF Goodrich Tire
Manufacturing, Opelika, Alabama. Workers at the subject firm
produce tires.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
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 in this case, I determine
that all workers of Michelin North America Inc., BF Goodrich Tire
Manufacturing, Opelika, Alabama, 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 at Washington, D.C. this 19th day of October, 2006.


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










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