DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,604

BENDIX COMMERCIAL VEHICLE SYSTEMS, LLC
AIR COMPRESSOR LINE
FRANKFORT, KENTUCKY

TA-W-61,604A

BENDIX COMMERCIAL VEHICLE SYSTEMS, LLC
AIR DISC BRAKES LINE
FRANKFORT, KENTUCKY

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 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 May 31, 2007, in
response to a petition filed by the Paper, Allied-industrial,
Chemical, & Energy Workers International Union Local 532 on
behalf of workers of Bendix Commercial Vehicle Systems, LLC,
Frankfort, Kentucky. The workers are separately identifiable by
product. One worker group produces air compressors for heavy
duty trucks and the other air disc brakes for heavy duty trucks.
These worker groups are identified as the Air Compressor Line
(TA-W-61,604) and the Air Disc Brakes Line (TA-W-60,604A),
respectively.
It is determined in this case with respect to workers on
the Air Compressor Line that the requirements of (a)(2)(A) of
Section 222 have been met.
The decline in employment at the subject firm is related to
a shift in plant production of the air compressors to a country
(Mexico) that is party to a free trade agreement with the United
States.
The investigation revealed that in the case of the Air Disc
Brakes Line that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A)
have not been met.
The investigation revealed that there has been no decline
in employment on the Air Disc Brakes Line at the subject firm.
Workers may reapply should circumstances change.
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 group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met for workers in the Air Compressor
Line.
A significant number of workers at the firm are age 50 or
over and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
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 in the Air Disc Brakes Line 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 conclude that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the air compressors
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Bendix Commercial Vehicle Systems, LLC, Air
Compressor Line, Frankfort, Kentucky (TA-W-60,604), who
became totally or partially separated from employment on or
after May 31, 2006, through two years from the date of
certification, are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974 and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
I further determine that all workers of Bendix Commercial
Vehicle Systems, LLC, Air Disc Brakes Line, Frankfort, Kentucky
(TA-W-60,604A), 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 25th day of June, 2007



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