Denied
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TAW-61051  /  Continental Teves, Inc. (Morganton, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/02/2007
Most Recent Update: 03/22/2007
Determination Date: 03/22/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,051

CONTINENTAL TEVES, INC.
AUTOMOTIVE SYSTEMS
INCLUDING ON-SITE LEASED WORKERS OF
FRIDAY STAFFING, INC. AND QUICK TEMPS
MORGANTON, NORTH 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 March 2, 2007 in
response to a petition filed on behalf of workers at Continental
Teves, Inc., Automotive Systems, Morganton, North Carolina.
Workers at the subject firm electronic brake systems. The
workers were not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that Continental Teves, Inc.,
Automotive Systems, Morganton, North Carolina also leased
workers from Friday Staffing, Inc. and Quick to produce
electronic brake systems.
The investigation revealed sales and production of
electronic brake systems did not decline from 2005 through 2006
and January through February 2007 over the corresponding 2006
period.
The investigation also revealed that the subject firm did
not transfer production of electronic brake systems to a foreign
country during the period under investigation.
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 obtained in the
investigation, I determine that all workers of Continental
Teves, Inc., Automotive Systems, Morganton, North Carolina,
including on-site leased workers of Friday Staffing, Inc. and
Quick Temps, 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 22nd day of March, 2007.

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