Denied
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TAW-61905A  /  The Boeing Company (Oak Ridge, TN)

Petitioner Type: Union
Impact Date:
Filed Date: 07/31/2007
Most Recent Update: 09/19/2007
Determination Date: 09/19/2007
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-61,905

THE BOEING COMPANY
COMMERICAL AIRCRAFT COMPONENTS
OAK RIDGE, TENNESSEE

TA-W-61,905A

THE BOEING COMPANY
CENTRIFUGE MACHINE COMPONENTS
OAK RIDGE, 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 July 31, 2007, in
response to a petition filed by the American Federated Labor and
Congress of Industrialized Organizations; Tennessee Chapter, on
behalf of workers of The Boeing Company, Oak Ridge, Tennessee.
The workers at the subject firm produce commercial aircraft
components and design centrifuge machine components. The two
workers groups are separately identifiable.



Commercial Aircraft Components (TA-W-61,905):
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met. The subject facility has not
shifted production of commercial aircraft components to a
foreign country nor has it increased its imports of products
like and directly competitive with the articles produced at the
subject facility.
A survey of major declining customers revealed that none of
the major declining customers of the subject facility has
significantly increased its imports of commercial aircraft
components.
The cause of worker separations at the subject firm is
related to the subject firm transferring production to another
domestic location.
Centrifuge Machine Components (TA-W-61,905A):
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that sales and production at the
subject firm increased from 2005 to 2006, and again during the
period January through July 2007 as compared with the comparable
period of 2006.
The investigation also revealed that the company did not
shift plant functions to a foreign source during the relevant
period.
Alternative Trade Adjustment Assistance (ATAA) (TA-W-61,905 and
TA-W-61,905A):
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 in this case, I determine
that all workers of The Boeing Company, Oak Ridge, Commercial
Aircraft Components, Oak Ridge, Tennessee (TA-W-61,905) and The
Boeing Company, Oak Ridge, Centrifuge Machine Components, Oak
Ridge, Tennessee (TA-W-61,905A) 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 19th day of September, 2007


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