DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,560

MERITOR HEAVY VEHICLE SYSTEMS LLC
COMMERCIAL VEHICLE SYSTEMS DIVISION
HEATH, OHIO

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on May 23, 2007 in response to
a petition filed by The International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (UAW),
Local 1037 on behalf of workers of Meritor Heavy Vehicle Systems
LLC, Commercial Vehicle Systems, Heath, Ohio. Workers at the
subject firm produce axle assemblies and components.
The investigation revealed that employment at the subject firm
declined comparing January through April 2007 with the same time
period one year prior.
The subject firm shifted the production of military axles
domestically to Laurinburg, North Carolina while a portion of
further axle assemblies and/or components, specifically gear
shifts, shifted from Heath, Ohio to a country Brazil.
Moreover, company imports of gear shifts resulted for sale to
United States customers.
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 workers in the workers' firm
possess skills that are easily transferable.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the subject firm to a foreign country of articles that are
like or directly competitive with those produced by the subject
firm, 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 certification:
"All workers of Meritor Heavy Vehicle Systems LLC, Commercial
Vehicle Systems, Heath, Ohio who became totally or partially
separated from employment on or after May 15, 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;" and
I further determine that all workers of Meritor Heavy Vehicle
Systems LLC, Commercial Vehicle Systems, Heath, Ohio are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of June 2007

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance