U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,674

EGS ELECTRICAL GROUP
SOLA/HEVI-DUTY DIVISION
NASHVILLE, TENNESSEE

Dismissal of Application for Reconsideration


Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at EGS
Electrical Group, Sola/Hevi-Duty Division, Nashville, Tennessee.
The application did not contain new information supporting a
conclusion that the determination was erroneous, and also did not
provide a justification for reconsideration of the determination
that was based on either mistaken facts or a misinterpretation of
facts or of the law. Therefore, a letter of dismissal was
issued, which constitutes a negative determination regarding the
application for reconsideration.
TA-W-61,674; EGS Electrical Group
Sola/Hevi-Duty Division
Nashville, Tennessee (September 4, 2007)

Signed at Washington, D.C. this 21st day of September 2007.


/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,674

EGS ELECTRICAL GROUP
SOLA/HEVI-DUTY DIVISION
CELINA, TENNESSEE

Negative Determination 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 June 13, 2007 in response to a
petition filed by a company official on behalf of workers at EGS
Electrical Group, Sola/Hevi-Duty Division, Celina, Tennessee. The
workers produce electric power transformers.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of electric
power transformers at the subject firm increased from 2005 to 2006, and
increased in January through May 2007 over the corresponding 2006
period.
Furthermore, the investigation revealed that the subject firm did
not shift the production of electric power transformers to a foreign
country 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 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 this investigation, I
determine that all workers at EGS Electrical Group, Sola/Hevi-Duty
Division, Celina, Tennessee 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 29th day of June, 2007.



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