Certified
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TAW-70018  /  Auto Truck Transport USA, Inc. (Mount Holly, NC)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 07/20/2009
Determination Date: 07/20/2009
Expiration Date: 07/20/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,018

AUTO TRUCK TRANSPORT USA, INC.
A SUBSIDIARY OF JHT HOLDINGS, INC.
MT. HOLLY, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(a), can be
satisfied if the following criteria are met:
I. 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;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm 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
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on May 18, 2009, on behalf of workers of Auto Truck
Transport USA, Inc., a subsidiary of JHT Holdings, Inc., Mt.
Holly, North Carolina (Auto Truck Transport). The workers
provide transportation services. Specifically the workers
transport finished class 6 and 7 medium duty trucks.
The investigation revealed that workers of Auto Truck
Transport who are engaged in employment related to providing
transportation services meet the criteria as a Downstream
Producer for secondary worker certification.
Criterion I has been met because employment at the
subject facility declined from 2007 to 2008, and during the
partial year period of January through April 2009 compared
with the same period of 2008.
Criterion II has been satisfied because workers of Auto
Truck Transport provide transportation services to
Freightliner, LLC, Mt. Holly, North Carolina, and workers of
Freightliner, LLC, Mt. Holly, North Carolina, are covered by
certification number TA-W-64,739 issued based on a shift in
production of class 6 and 7 medium duty trucks to Mexico, and
the transportation services supplied by the subject firm were
related to the production of class 6 and 7 medium duty trucks
by Freightliner, LLC, Mt. Holly, North Carolina.
Criterion III has been met because the loss of business
described above by Auto Truck Transport with Freightliner,
LLC, Mt. Holly, North Carolina contributed importantly to the
worker separations at Auto Truck Transport.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Auto Truck Transport
USA, Inc., a subsidiary of JHT Holdings, Inc., Mt. Holly, North
Carolina, who are engaged in employment related to providing
transportation services meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of Auto Truck Transport USA, Inc., a
subsidiary of JHT Holdings, Inc., Mt. Holly, North
Carolina, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on the date of certification through two years from the
date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 20th day of July, 2009.


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