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TAW-62404  /  Motor Wheels Commercial Vehicle Systems (Berea, KY)

Petitioner Type: Workers
Impact Date: 10/28/2006
Filed Date: 11/02/2007
Most Recent Update: 11/30/2007
Determination Date: 11/30/2007
Expiration Date: 11/30/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,404

MOTOR WHEEL COMMERCIAL VEHICLE SYSTEMS
FULL CAST/ASSEMBLY AREA
BEREA, KENTUCKY

Notice of Revised Determination
on Reconsideration

On January 30, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration regarding
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) applicable to workers and former workers of Motor Wheel
Commercial Vehicle Systems, Full Cast/Assembly Area, Berea,
Kentucky (the subject firm). The Department’s Notice of
affirmative determination was published in the Federal Register
on February 7, 2008 (73 FR 7317).
The request for reconsideration alleged that the skills of
the worker group are not easily transferable to other positions
in the local commuting area. Certification regarding eligibility
to apply for Trade Adjustment Assistance (TAA) applicable to
workers and former workers of the subject firm was issued on
November 30, 2007.
During the reconsideration investigation, the Department
received new information which indicated that, within the subject
firm’s local commuting area, the subject workers’ skills are not
easily transferable to other positions.

During the reconsideration investigation, the Department
also confirmed that a significant number of workers at the firm
are age 50 or over and that competitive conditions within the
industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that workers and
former workers of the subject firm have met the group eligibility
criteria for Section 246 the Trade Act of 1974 (26 USC 2813), as
amended. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Motor Wheel Commercial Vehicle Systems, Full
Cast/Assembly Area, Berea, Kentucky, who became totally or
partially separated from employment on or after October 28,
2006 through November 30, 2009, are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C. this 12th day of February 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-62,404

MOTOR WHEEL COMMERCIAL VEHICLE SYSTEMS
FULL CAST/ASSEMBLY AREA
BEREA, KENTUCKY

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 (19
USC 2273), as amended, 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)(A) of
Section 222 have been met.
The investigation was initiated on November 2, 2007, in
response to a petition filed on behalf of workers of Motor Wheel
Commercial Vehicle Systems, Full Cast/Assembly Area, Berea,
Kentucky. The workers produce brake drums and hubs for commercial
vehicles. The workers are not separately identifiable between
these two products.
The investigation revealed that the subject facility has
experienced declines in sales, production, and employment during
the relevant time period.
The investigation also revealed that the subject firm has
recently begun to increase their imports of brake drums and hubs
for commercial vehicles 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.
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 the 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 increases of imports of articles
like or directly competitive with brake drums and hubs for
commercial vehicles produced at Motor Wheel Commercial Vehicle
Systems, Full Cast/Assembly Area, Berea, Kentucky, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Motor Wheel Commercial Vehicle Systems, Full
Cast/Assembly Area, Berea, Kentucky, who became totally or
partially separated from employment on or after October 28,
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";
I further determine that all workers of Motor Wheel Commercial
Vehicle Systems, Full Cast/Assembly Area, Berea, Kentucky, 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 30th day of November 2007.



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









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