Petitioner Type: Company
Impact Date: 12/05/2005
Filed Date: 12/05/2006
Most Recent Update: 02/01/2007
Determination Date: 02/01/2007
Expiration Date: 03/08/2008
Employment and Training Administration
TA-W-60,530
TOWER AUTOMOTIVE, INC.
UPPER SANDUSKY, OHIO
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 December 5, 2006 in
response to a petition filed by a company official on behalf of
workers at Tower Automotive, Inc., Upper Sandusky, Ohio. The
workers produce automotive steel stampings, shipped to other
affiliated plants for further processing or assembly.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that there were no company imports
of automotive steel stampings, nor was there a significant shift in
production by the subject firm from the Upper Sandusky, Ohio plant
to a foreign country during the period under investigation.
The Department of Labor surveyed the subject firm's major
customers regarding purchases of automotive steel stampings like
those produced at the subject firm in 2004, 2005, and January
through November 2006. The survey revealed no imports in the
relevant time period.
The investigation also revealed that subject plant production
is being shifted to other domestic affiliated facilities.
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, I determine that all workers of Tower
Automotive, Inc., Upper Sandusky, Ohio 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 1st day of February, 2007
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance