Denied
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TAW-64724A  /  Pac Sci Motion Control, Inc. (Rockford, IL)

Petitioner Type: Company
Impact Date:
Filed Date: 12/18/2008
Most Recent Update: 01/27/2009
Determination Date: 01/27/2009
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,724
PAC SCI MOTION CONTROL, INC.
WORKERS PRODUCING LOW INERTIA MOTORS
DANAHER MOTION DIVISION
ROCKFORD, ILLINOIS

TA-W-64,724A
PAC SCI MOTION CONTROL, INC.
WORKERS PRODUCING PAC SCI MOTOR 3
DANAHER MOTION DIVISION
ROCKFORD, ILLINOIS

Notice of 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 December 18, 2008, in
response to a petition filed on behalf of two distinct worker
groups at Pac Sci Motion Control, Inc., Danaher Motion Division,
Rockford, Illinois. The two worker groups produce, respectively,
Low Inertia Motors and Pac Sci Motor 3 motors. Workers in the two
groups are separately identifiable from each other and from others
employed at the Rockford site.
The investigation also revealed that with respect to workers
producing Low Inertia Motors, the group eligibility requirements of
(b) of Section 222, as amended, have been met.
The investigation revealed that production of Low Inertia
Motors is being shifted to a foreign country (India) and
increased imports of this product will be the result.
The investigation further revealed that with respect to
workers producing Pac Sci Motor 3 motors, criteria I.A and II.A
have not been met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers producing the Pac Sci
Motor 3 as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof means at least three workers.
Since the workforce at the subject firm producing the Pac Sci Motor
3 was never greater than two, the separations by the subject firm
within this appropriate subdivision do not meet the threshold
level.
Furthermore, although manufacture of this product is moving
abroad, it is not subsequently being imported.
In addition, 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 workers producing
Low Inertia Motors.
A significant number of workers at the firm producing Low
Inertia Motors 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 there was a shift in production
from the workers' firm or subdivision to India of articles that are
like or directly competitive with Low Inertia Motors, and there has
been or is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:


"All workers of Pac Sci Motion Control, Inc., Danaher Motion
Division, Rockford, Illinois engaged in activities related to
the production of Low Inertia Motors who became totally or
partially separated from employment on or after December 17,
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 all workers of Pac Sci Motion
Control, Inc., Danaher Motion Division, Rockford, Illinois
engaged in activities related to the production of Pac Sci Motor
3 motors 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 27th day of January 2009


/s/Linda G. Poole
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance