DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,362

GOVERNORS AMERICA CORPORATION
AGAWAM, MASSACHUSETTS

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 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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C.) were not met.
The investigation was initiated on February 24, 2009, in
response to a petition filed on behalf of workers of Governors
America Corporation, Agawam, Massachusetts. The workers at the
subject firm produce actuators, speed controls, electronics, and
genset controllers for industrial engines. The workers are
separately identifiable by product department.
The petitioners did not make any specific trade impact
allegations.
The investigation revealed that the subject firm experienced
declines in employment in January through February 2009 when
compared to the same period of 2008.
The subject firm experienced decreases in sales and production
during the relevant period of actuators, speed controls, genset
controllers, electronics, and accessories with the majority of the
sales declines being represented by electronics and actuators.
The subject firm did not import articles like or directly
competitive with actuators, speed controls, electronics, and genset
controllers in 2007, 2008, or in January through February 2009 nor
did it shift production of actuators, speed controls, and genset
controllers abroad during the relevant period.
The Department surveyed the subject firm's major declining
customers regarding purchases of actuators, speed controls,
electronics, and genset controllers during 2007, 2008, and in
January through February 2009. The survey revealed no imports
during the relevant period.
Further investigation revealed that declines in employment
related to the production of actuators and electronics were
attributable to a loss of export sales.
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 this
investigation, I determine that all workers of Governors America
Corporation, Agawam, Massachusetts, 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 May, 2009


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