Denied
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TAW-65324  /  General Aluminum Manufacturing Co. (Richmond, IN)

Petitioner Type: Company
Impact Date:
Filed Date: 02/20/2009
Most Recent Update: 07/10/2009
Determination Date: 07/10/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,324

GENERAL ALUMINUM MFG. CO.
RICHMOND PLANT
RICHMOND, INDIANA

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 February 20, 2009, in
response to a petition filed by a company official on behalf of
workers of General Aluminum Mfg. Co., Richmond Plant, Richmond,
Indiana. The workers produce aluminum automotive component parts
(i.e. valve housings, knuckles, master cylinders, etc.).
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed the subject firm did not import
aluminum automotive component parts or like or directly competitive
articles, nor did they shift production to a foreign country in
2007, 2008, or January through February 2009.
The Department of Labor surveyed the subject firm's major
declining customers regarding purchases of aluminum automotive
component parts and like or directly competitive articles during
2007, 2008, and January through February 2009. The surveys
revealed no imports of aluminum automotive component parts or
products like or directly competitive.
Additionally, in accordance with Section 223 of the Trade Act
of 1974 (19 USC 2273), as amended, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation revealed that criterion (2) has not been
met.
The investigation revealed that though the subject firm is a
supplier to another firm (Metaldyne - New Castle) that employed a
group of workers who received a certification of eligibility to
apply for trade adjustment assistance (TAA) benefits (TA-W-64,158),
that such supply or production is not related to the article that
was the basis for such certification for the other firm.
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 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 General Aluminum
Mfg. Co., Richmond Plant, Richmond, Indiana 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 10th day of July 2009


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance