Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 5892-5893 [E6-1492]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5892-5893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1492]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,567; TA-W-57,567A; TA-W-57,567B]


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 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 
directly-impacted (primary) workers under Section 222(a) of 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 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 July 19, 2005 in response to a 
petition filed by a company official on behalf of workers of Cequent 
Electrical Products, Light Assemblies Product Line (TA-W-57,567), 
Breakaway Switches Product Line (TA-W-57,567A), and Cable Connectors 
(TA-W-57,567B), Albion, Indiana. The workers produce light assemblies, 
breakaway switches, and cable connectors for the recreational vehicle 
industry; workers are separately identifiable by product line.
    With regards to the Light Assemblies Product Line, the 
investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) 
were not met.
    The investigation revealed that the subject firm did not import 
light assemblies, nor did it shift production abroad during the 
relevant period.
    The production of light assemblies will be transferred to a 
domestic facility upon the subject facility's shutdown on September 30, 
2005.
    With regards to the Breakaway Switches Product Line, it is 
determined in this case that the requirements of (a)(2)(A) and 
(a)(2)(C) of section 222 have been met.
    The investigation revealed that the subject firm will start 
shifting production of breakaway switches to China and import them back 
into the United States upon the subject plant's shutdown on September 
30, 2005.
    With regards to the Cable Connectors Product Line, it is determined 
in this case that the requirements of (a)(2)(B) of section 222 have 
been met.
    The declines in employment, sales, and production at the subject 
product line are related to a shift in production of cable connectors 
to a country (Mexico) that is a party to a free trade agreement with 
the United States. The shift will commence upon the subject facility's 
shutdown on September 30, 2005.
    In addition, in accordance with section 246 of the Trade Act of 
1974 (26 U.S.C. 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.
    With respect to workers producing lights, 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.
    The group eligibility criteria for the ATAA program that the 
Department

[[Page 5893]]

must consider under Section 246 of the Trade Act are:
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).
    The Department has determined that with respect to workers 
producing switches and connectors, criterion 2 has not been met. The 
workers' possess skills that are easily transferable to new positions.

Conclusion

    After careful review, I determine that all workers of Cequent 
Electrical Products, Light Assemblies Product Line, Albion, Indiana 
(TA-W-57,567) are denied eligibility to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974.
    Furthermore, after careful review, I determine that increases of 
imports of articles like or directly competitive with those produced by 
the Breakaway Switches Product Line contributed importantly to the 
total or partial separation of workers and to the decline in sales or 
production and at that firm or subdivision. I also determine that there 
was a shift in production from the Cable Connectors Product Line to 
Mexico of articles that are like or directly competitive with those 
produced by the subject firm or subdivision. In accordance with the 
provisions of the Act, I make the following certification:

    All workers of Cequent Electrical Products, Breakaway Switches 
Product Line, Albion, Indiana (TA-W-57,567A), and Cequent Electrical 
Products, Cable Connectors Product Line Albion, Indiana (TA-W-
57,567B), who became totally or partially separated from employment 
on or after July 15, 2004 through two years from the date of 
certification are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974.

    I further determine that all workers of Cequent Electrical 
Products, Light Assemblies Product Line (TA-W-57,567), Breakaway 
Switches Product Line, (TA-W-57,567A), and Cable Connections Product 
Line, Albion, Indiana (TA-W-57,567B), are denied eligibility to apply 
for alternative trade adjustment assistance under section 246 of the 
Trade Act of 1974, as amended.

    Signed in Washington, DC, this 14th day of September, 2005.
 Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-1492 Filed 2-2-06; 8:45 am]
BILLING CODE 4510-30-P