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TAW-65483  /  Viasystems (Newberry, SC)

Petitioner Type: Company
Impact Date: 03/03/2008
Filed Date: 03/04/2009
Most Recent Update: 04/16/2009
Determination Date: 04/16/2009
Expiration Date: 04/16/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,483

VIASYSTEMS
NEWBERRY, SOUTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

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 a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on March 4, 2009 in response
to a petition filed by a company official on behalf of workers at
Viasystems, Newberry, South Carolina. The workers are engaged in
activities related to the assembling of metal canopies and metal
enclosures.
The investigation revealed that employment at the subject
facility declined during the January through February 2009 period
when compared to the corresponding period in 2008.
Viasystems, Newberry, South Carolina acts as a downstream
producer assembling metal canopies and metal enclosures for a
manufacturer of sheet metal elevator entrances and metal
enclosures.
Evidence revealed that the primary firm, to whom the
petitioning workers' firm acts as a downstream producer, employed a
group of workers who received a certification of eligibility for
trade adjustment assistance based on a shift in production to
Mexico, and the downstream production is related to the article
that was the basis for such certification. The subject firm's
employment declined, in part, because of the shift in production of
sheet metal elevator entrances and metal enclosures to Mexico by
the primary firm. Workers of the primary firm, Viasystems
Milwaukee, Inc., Oak Creek, Wisconsin, were certified as eligible
to apply for Trade Adjustment Assistance on February 11, 2009 (TA-
W-64,654).
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 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.
A significant number of workers at the firm 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 workers of Viasystems, Newberry,
South Carolina, as adversely affected secondary workers under
Section 222 of the Trade Act of 1974, as amended. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Viasystems, Newberry, South Carolina, who
became totally or partially separated from employment on or
after March 3, 2008, 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."
Signed at Washington, D.C., this 16th day of April 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance