DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,008

HUTCHENS INDUSTRIES, INC.
FOUNDRY
MANSFIELD, MISSOURI

TA-W-61,008A

HUTCHENS INDUSTRIES, INC.
FABRICATION DEPARTMENT
MANSFIELD, MISSOURI

Notice of 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 22, 2007, in
response to a petition filed on behalf of workers at Hutchens
Industries, Inc., Mansfield, Missouri. The workers in the Foundry
at the subject firm produce castings (TA-W-61,008) and workers in
the Fabrication Department produce slider assemblies for tractor
trailers (TA-W-61,008A). The workers are separately identifiable.
Foundry (TA-W-61,008):
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting its
production of castings to China, and subsequently importing those
products into the United States.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers in the workers'
firm possess skills that are easily transferable.
Fabrication Department (TA-W-61,008A):
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met with regard to workers in the
Fabrication Department at the subject firm.
The investigation revealed that the subject firm did not
import slider assemblies for tractor trailers from 2005 to 2006,
nor during January 2007.
Furthermore, the investigation revealed that the subject firm
did not shift production of slider assemblies for tractor trailers
abroad during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of sliders for
tractor trailers during 2005, 2006, January through February 2007
over the corresponding 2006 period. These surveys revealed no
direct or indirect imports of slider assemblies for tractor
trailers during the relevant period.
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 assis-
tance (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 there was a shift in production
from the Foundry of the workers' firm or subdivision to China of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following determinations:


"All workers of Hutchens Industries, Inc., Foundry, Mansfield,
Missouri (TA-W-61,008), who became totally or partially
separated from employment on or after February 8, 2006,
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974";
I also determine that all workers of Hutchens Industries,
Inc., Foundry, Mansfield, Missouri (TA-W-61,008), are denied
eligibility to apply for alternative trade assistance under section
246 of the Trade Act of 1974.
I further determine that all workers of Hutchens Industries,
Inc., Fabrication Department, Mansfield, Missouri (TA-W-61,008A),
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 3rd day of April, 2007


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