Denied
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TAW-61370  /  Federal Mogul Corporation (Dumas, AR)

Petitioner Type: State
Impact Date:
Filed Date: 04/25/2007
Most Recent Update: 06/28/2007
Determination Date: 06/28/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,370

FEDERAL MOGUL CORPORATION
DUMAS, ARKANSAS

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 April 25, 2007 in
response to a worker petition filed by an Arkansas State Agency
Representative on behalf of workers of Federal Mogul
Corporation, Dumas, Arkansas. Workers produce various engine
wire harnesses and booster cables. Workers are not separately
identifiable by specific product.
This investigation revealed that criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.B) have not been met.
The subject firm did not import products that it
manufactured at the Dumas plant in the 2005 through March 2007
period, and it did not shift production to a foreign country in
that period. Products manufactured abroad that were packaged at
Dumas were not like those produced by the subject firm and thus
these imports did not adversely impact employment at the firm.
The Department of Labor surveyed the subject firm's major
declining customer regarding purchases of ignition wire sets,
bulk wire, special pack, battery cable, booster cable, and bulk
cable in 2005, 2006 and January through March 2007. The survey
revealed customer imports were negligible (below one percent of
total purchases) during the relevant periods.
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 Federal Mogul
Corporation, Dumas, Arkansas, 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 28th day of June 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance