Denied
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TAW-65614  /  Auto Truck Transportation (Cleveland, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/17/2009
Most Recent Update: 04/20/2009
Determination Date: 04/20/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,614
AUTO TRUCK TRANSPORT USA, INC.
CLEVELAND, 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 March 17, 2009, in response
to a petition filed on behalf of workers of Auto Truck Transport
USA, Inc., Cleveland, North Carolina. The workers performed
transportation services. More specifically the workers delivered
finished heavy trucks from the manufacturer to the customer.
The investigation revealed that Auto Truck Transport USA,
Inc., Cleveland, North Carolina, 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 and there must be a relationship between the workers' work
and the article produced by the workers' firm or appropriate
subdivision. The truck transport 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 Auto Truck Transport
USA, Inc., Cleveland, 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 20th day of April 2009

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