Denied
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TAW-38845  /  Borg Warner, Inc (Coldwater, MI)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/19/2001
Most Recent Update: 04/06/2001
Determination Date: 04/06/2001
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,845

BORG-WARNER INC.
TRANSMISSION SYSTEMS DIVISION
COLDWATER, MICHIGAN

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on March 19, 2001, in
response to a petition filed on behalf of workers at Borg-Warner
Inc., Transmission Systems Division, Coldwater, Michigan. The
workers at the subject firm are engaged in the production of
transmission components (damper assemblies, friction disks and
clutch assemblies). The workers are not separately identifiable
by product line.
The current investigation revealed that criterion (3) has
not been met.
The Department of Labor conducted a survey of the subject
firm's major customer(s) regarding their purchases of
transmission components during the relevant period. The survey
revealed that the respondent(s) did not increase their imports of
transmission components, while reducing their purchases from the
subject firm during the relevant period.
The did not import transmission components similar to what
was produced at the subject plant during the relevant period.
The investigation further revealed that the company exports
sub-assemblies to Mexico for further processing and the
assemblies are then shipped back to the United States for
installation by the major automobile manufacturers. The product
imported must be like and directly competitive with what was
produced by the subject plant to meet criterion (3) of Section
222 of the Trade Act.







Conclusion
After careful review, I determine that all workers of Borg-
Warner Inc., Transmission Systems Division, Coldwater, Michigan
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 6th day of April, 2001


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