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TAW-64285  /  ITT Corperation (Santa Ana, CA)

Petitioner Type: Company
Impact Date: 10/24/2007
Filed Date: 10/27/2008
Most Recent Update: 12/11/2008
Determination Date: 12/11/2008
Expiration Date: 12/11/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,285

ITT CORPORATION
FLOW CONTROL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT TEMPORARY SERVICES
AND INNOVATIVE STAFFING, INC.
SANTA ANA, CALIFORNIA

TA-W-64,285A

ITT CORPORATION
INTERCONNECT SOLUTIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT TEMPORARY SERVICES,
INNOVATIVE STAFFING, INC., AND FIRST CHOICE STAFFING
SANTA ANA, CALIFORNIA

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 October 27, 2008 in
response to a petition filed by a company official on behalf of
workers at ITT Corporation, Flow Control and Interconnect Solutions
Divisions, Santa Ana, California. The workers produce flow control
equipment and electric connectors. Workers are separately
identifiable by each product line.
With regard to workers at the subject firm engaged in the
production of flow control equipment (TA-W-64,285), it is
determined that the requirements of (a) (2) (B) are met.
Employment at the subject firm in the Flow Control Division
declined in 2007 compared with 2006 and continued to decline in
January through September 2008 compared with the same period in
2007. Employment and production are anticipated to decline
absolutely in the early part of 2009.
The investigation revealed that the subject firm is in the
process of shifting production to Mexico, a country with a free
trade agreement with the United States. A portion of production
will shift to China. All of that production will be imported back
into the United States.
With regard to workers at the subject firm engaged in the
production of electric connectors (TA-W-64,285A), it is determined
that the requirements of (a) (2) (A) (I.B) and (a) (2) (B) (II.B)
have not been met. There has not been a decline in sales or
production nor has there been a shift in production abroad 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 for employees at the subject firm engaged in the
production of flow control equipment (TA-W-64,285).
A significant number of workers at the firm engaged in the
production of flow control equipment are age 50 or over and possess
skills that are not easily transferable. Competitive conditions
within the industry are adverse.
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). With
regard to workers engaged in the production of electronic
connectors (TA-W-64,285A), since they are denied eligibility to
apply for TAA, the workers cannot be certified eligible for ATAA.
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 China of
articles that are like or directly competitive with the flow
control equipment produced by the subject firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:



"Workers of ITT Corporation, Flow Control Division, including
on-site leased workers from Volt Temporary Services and
Innovative Staffing, Inc., Santa Ana, California (TA-W-64,285)
engaged in the production of flow control equipment, who
became totally or partially separated from employment on or
after October 24, 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."
I further determine that workers of ITT Corporation,
Interconnect Solutions Division, including on-site leased workers
from Volt Temporary Services, Innovative Staffing, Inc., and First
Choice Staffing, Santa Ana, California (TA-W-64,285A), engaged in
the production of electronic connectors 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 December 2008

/s/ Linda G. Poole

_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance