Denied
« back to search results

TAW-64940  /  Long Equipment Company (Tarboro, ND)

Petitioner Type: Company
Impact Date:
Filed Date: 01/22/2009
Most Recent Update: 02/03/2009
Determination Date: 02/03/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,940

LONG EQUIPMENT CO.
A DIVISION OF FARMTRAC NORTH AMERICA, LLC
TARBORO, NORTH CAROLINA

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 investigation was initiated on January 22, 2009 in
response to a petition filed by the Receivership Attorney on
behalf of workers at Long Equipment Co., a division of Farmtrac
North America, LLC, Tarboro, North Carolina. Workers are engaged
in sales and distribution of imported parts for tractors.
The investigation revealed that the Long Equipment Co.,
does not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The sales and distribution workers do not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group cannot be considered
import impacted or affected by a shift in production of an
article.
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 the
investigation, I determine that all workers of Long Equipment
Co., a division of Farmtrac North America, LLC, Tarboro, North
Carolina, 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 3rd day of February 2009

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