DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,880

VANTAGE INDUSTRIES, LLC
HAMILTON, INDIANA

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
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 1, 2007, in
response to a petition filed on behalf of workers at Vantage
Industries, LLC, Hamilton, Indiana. The workers of the subject
firm produced finished flanges for automotive transmissions (using
flange castings obtained from domestic and foreign sources).
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 finished flanges for automobile transmissions from 2005 to
2006, nor during January 2007, when compared to the same month in
2006.
Furthermore, the investigation revealed that the subject firm
did not shift production of finished flanges for automobile
transmissions abroad during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of finished flanges
for automobile transmissions during 2005 and 2006. These surveys
revealed no imports of finished flanges for automobile
transmissions during the relevant period.
Petitioners alleged that some of the products they formerly
made "went directly to China to be produced." However, interviews
with the owners of the company revealed that finished flanges for
automobile transmissions were never imported by the subject firm;
unfinished castings were imported and finished by the subject firm
and the same process is now being carried out by other unaffiliated
companies.
The investigation also explored the possibility of a secondary
certification, in case the subject firm was a finisher of
unfinished flange castings produced by a firm whose workers have
been certified. However, none of the domestic firms that supplied
unfinished flange castings to the subject firm to finish have been
certified for Trade Adjustment Assistance.
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 workers of Vantage
Industries, LLC, Hamilton, Indiana, 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 at Washington, D.C., this 4th day of June, 2007

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance