DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,393

AMERICAN AXLE & MANUFACTURING
BUFFALO GEAR AND AXLE FACILITY
INCLUDING ON-SITE LEASED WORKERS FROM
HENKEL CORPORATION
BUFFALO, NEW YORK

Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on November 21, 2007,
applicable to workers of American Axle & Manufacturing, Buffalo
Gear and Axle Facility, Buffalo, New York. The notice was
published in the Federal Register on December 10, 2007 (72 FR
69710).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of rear axle and steering linkage
assemblies.
New information shows that leased workers of Henkel
Corporation were employed on-site at the Buffalo, New York
location of American Axle & Manufacturing, Buffalo Gear and Axle
Facility. The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Henkel Corporation
working on-site at the Buffalo, New York location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at American Axle & Manufacturing, Buffalo
Gear and Axle Facility, Buffalo, New York who were adversely-
impacted by a shift in production of rear axle and steering
linkage assemblies to Canada and Mexico.



The amended notice applicable to TA-W-62,393 is hereby
issued as follows:
"All workers of American Axle & Manufacturing, Buffalo
Gear and Axle Facility, including on-site leased
workers from Henkel Corporation, Buffalo, New York, who
became totally or partially separated from employment
on or after October 18, 2006, through November 21,
2009, are eligible to apply for adjustment assistance
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.”
Signed at Washington, D.C. this 10th day of April 2008

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,393

AMERICAN AXLE & MANUFACTURING
BUFFALO GEAR AND AXLE FACILITY
BUFFALO, NEW YORK

Certification 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.
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 in response to a petition
received on October 31, 2007, and filed by a company official on
behalf of workers at American Axle & Manufacturing, Buffalo Gear
and Axle Facility, Buffalo, New York. The workers produce rear
axle and steering linkage assemblies. The workers are not
separately identifiable by product line.
The decline in employment at the subject plant is related to a
shift in plant production of rear axle and steering linkage
assemblies to countries (Mexico and Canada) that are parties to a
free trade agreement with the United States.
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.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Mexico and Canada of
articles that are like or directly competitive with those produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:



"All workers of American Axle & Manufacturing, Buffalo Gear
and Axle Facility, Buffalo, New York, who became totally or
partially separated from employment on or after October 18,
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 are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 21st day of November 2007.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance







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