Denied
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TAW-63444  /  Skyline McMinnville Nomad Division (Mcminnville, OR)

Petitioner Type: State
Impact Date:
Filed Date: 05/29/2008
Most Recent Update: 07/02/2008
Determination Date: 07/02/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,444

SKYLINE MCMINNVILLE NOMAD DIVISION
MCMINNVILLE, OREGON

Negative Determinations 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 May 29, 2008, in
response to a petition filed by the Oregon State Workforce
Office on behalf of workers of Skyline McMinnville Nomad
Division, McMinnville, Oregon. The workers produced travel
trailers.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that the subject firm did not
import travel trailers, nor did it shift production abroad in
the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of travel trailers
in 2006, 2007, and January through April 2008. The survey
revealed that there were no customer imports during the relevant
time period.
Petitioners allege that the increased cost of raw materials
from foreign sources has adversely affected the workers at the
subject firm. Raw materials used in the production of travel
trailers are not like or directly competitive with the travel
trailers themselves, and are not a consideration in determining
eligibility for adjustment assistance under the Trade Act.
Production previously carried out at the subject firm was
transferred to another domestic facility of Skyline Corporation,
the subject firm's parent company, and customers will continue
to be served from that location.
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, I determine that all workers of
Skyline, McMinnville Nomad Division, McMinnville, Oregon 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 2nd day of July 2008

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance