Denied
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TAW-65914  /  Alliance Machine Systems International (Spokane Valley, WA)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/13/2009
Most Recent Update: 07/15/2009
Determination Date: 07/15/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,914

ALLIANCE MACHINE SYSTEMS INTERNATIONAL, LLC
A SUBSIDIARY OF H ENTERPRISES
SPOKANE VALLEY, WASHINGTON

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 May 13, 2009 in response to
a petition filed on behalf of workers of Alliance Machine Systems
International, LLC., a subsidiary of H Enterprises, Spokane Valley,
Washington. Workers at the subject firm manufacture material
handling equipment for the corrugated industry.
The petitioners allege that the subject firm has shifted
portions of the production of material handling equipment to
subcontractors in India. This information was cross-referenced
with the firm a firm official who indicate that the firm has not
imported or shifted production abroad. The company official also
indicted that the worker separations are attributed to customers'
closing various facilities prompting a decreased demand for
material handling equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import or shift production of material handling equipment to a
foreign country during 2007, 2008 and January through April 2009.
The United States Department of Labor surveyed the subject
firm's major declining customers regarding their purchases of
material handling equipment during 2007, 2008, and January through
April 2009 over the corresponding 2008 period. The survey revealed
no imports of material handling equipment during the relevant
period.
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 Alliance Machine
Systems International, LLC., a subsidiary of H Enterprises, Spokane
Valley, Washington 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 15th day of July 2009



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