Petitioner Type: Workers
Impact Date:
Filed Date: 02/08/2008
Most Recent Update: 03/11/2008
Determination Date: 03/11/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,821
AMERIDRIVES INTERNATIONAL, LLC
ERIE, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated April 3, 2008, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on March 11, 2008 and
published in the Federal Register on March 26, 2008 (73 FR
16064).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Ameridrives International, LLC, Erie, Pennsylvania engaged in the
production of industrial couplings, was denied based on the
findings that during the relevant time period, sales and
production of industrial couplings at the subject firm did not
decrease and no shift in production to a foreign country
occurred.
In the request for reconsideration, the petitioners provided
the same reasons, as in the initial petition, why workers of the
subject firm should be eligible for TAA. In particular, the
petitioners alleged that a 202.5 Spacer (Part# 079507-001) “at
one time was machined complete at Ameridrives and is now being
manufactured at Great Taiwan Gear in Taiwan.”
The company official was contacted to address this
allegation. The official indicated that production of 202.5
Spacer (Part# 079507-001) ceased at the subject firm in 2005.
When assessing eligibility for TAA, the Department
exclusively considers production during the relevant time period
(one year prior to the date of the petition). Therefore, events
occurring in 2005 are outside of the relevant time period and are
not relevant in this investigation.
The petitioners also stated that “large universal joint
components such as yokes, crosses and roller bearings are now all
purchased from China”.
The company official stated that yokes, crosses and roller
bearings are “raw state materials” used in the production of
industrial couplings. The official also stated that since 1999
manufacturing of these parts have been outsourced to other
companies as they were no longer produced at the subject firm.
The petitioners attached two documents showing Ameridrives
foreign sister facilities, where “products formerly made in Erie
could be possibly now be manufactured.”
According to the company official, none of the Ameridrives
foreign facilities manufacture like or directly competitive
products with industrial couplings manufactured by the subject
facility in Erie, Pennsylvania.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 7th day of May, 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-62,821
AMERIDRIVES INTERNATIONAL, LLC
ERIE, PENNSYLVANIA
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 February 8, 2008 in
response to a petition filed on behalf of the workers at
Ameridrives International, LLC, Erie, Pennsylvania. The workers
produce industrial couplings.
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
industrial couplings at the subject firm increased from 2006 to
2007, and increased in January 2008 over January 2007.
Furthermore, the investigation revealed that the subject firm
did not shift the production of industrial couplings 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 Ameridrives
International, LLC, Erie, Pennsylvania 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 11th day of March, 2008.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-62,821
AMERIDRIVES INTERNATIONAL, LLC
ERIE, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated April 3, 2008, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on March 11, 2008 and
published in the Federal Register on March 26, 2008 (73 FR
16064).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Ameridrives International, LLC, Erie, Pennsylvania engaged in the
production of industrial couplings, was denied based on the
findings that during the relevant time period, sales and
production of industrial couplings at the subject firm did not
decrease and no shift in production to a foreign country
occurred.
In the request for reconsideration, the petitioners provided
the same reasons, as in the initial petition, why workers of the
subject firm should be eligible for TAA. In particular, the
petitioners alleged that a 202.5 Spacer (Part# 079507-001) “at
one time was machined complete at Ameridrives and is now being
manufactured at Great Taiwan Gear in Taiwan.”
The company official was contacted to address this
allegation. The official indicated that production of 202.5
Spacer (Part# 079507-001) ceased at the subject firm in 2005.
When assessing eligibility for TAA, the Department
exclusively considers production during the relevant time period
(one year prior to the date of the petition). Therefore, events
occurring in 2005 are outside of the relevant time period and are
not relevant in this investigation.
The petitioners also stated that “large universal joint
components such as yokes, crosses and roller bearings are now all
purchased from China”.
The company official stated that yokes, crosses and roller
bearings are “raw state materials” used in the production of
industrial couplings. The official also stated that since 1999
manufacturing of these parts have been outsourced to other
companies as they were no longer produced at the subject firm.
The petitioners attached two documents showing Ameridrives
foreign sister facilities, where “products formerly made in Erie
could be possibly now be manufactured.”
According to the company official, none of the Ameridrives
foreign facilities manufacture like or directly competitive
products with industrial couplings manufactured by the subject
facility in Erie, Pennsylvania.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 7th day of May, 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-62,821
AMERIDRIVES INTERNATIONAL, LLC
ERIE, PENNSYLVANIA
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 February 8, 2008 in
response to a petition filed on behalf of the workers at
Ameridrives International, LLC, Erie, Pennsylvania. The workers
produce industrial couplings.
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
industrial couplings at the subject firm increased from 2006 to
2007, and increased in January 2008 over January 2007.
Furthermore, the investigation revealed that the subject firm
did not shift the production of industrial couplings 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 Ameridrives
International, LLC, Erie, Pennsylvania 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 11th day of March, 2008.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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