Certified
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TAW-63346  /  Tower Automotive (Kendallville, IN)

Petitioner Type: State
Impact Date: 10/28/2007
Filed Date: 05/09/2008
Most Recent Update: 06/16/2008
Determination Date: 06/16/2008
Expiration Date: 06/16/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,346

TOWER AUTOMOTIVE
KENDALLVILLE, INDIANA


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 (TAA), 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 in response to a petition
received on May 9, 2008, filed by the Indiana State Workforce
Office on behalf of the workers at Tower Automotive, Kendallville,
Indiana. The workers at the subject firm are engaged in production
of automotive parts. The workers were under an existing TAA
certification (TA-W-53,973) that expired on October 27, 2007.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor contacted the subject firm's major
declining customer regarding their purchases of automotive parts
during 2006, 2007 and January through May 2008 over the
corresponding 2007 period. The customer contact revealed that the
customer discontinued purchases absolutely from the subject firm
and continued imports during the relevant period.
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 increases of imports of articles
like or directly competitive with automotive parts produced at
Tower Automotive, Kendallville, Indiana 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 Tower Automotive, Kendallville, Indiana who
became totally or partially separated from employment on or
after October 28, 2007, 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 16th day of June 2008.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance