Petitioner Type: Company
Impact Date: 09/13/2000
Filed Date: 09/28/2001
Most Recent Update: 12/12/2001
Determination Date: 12/12/2001
Expiration Date: 12/12/2003
Employment and Training Administration
TA-W-40,139
VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA, INC.
ASHEVILLE PLANT
SKYLAND, NORTH CAROLINA
Certification 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 eligibility 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. It is determined in this case that all of the requirements have been met.
The investigation was initiated on September 28, 2001, and filed on behalf of workers at Volvo Construction Equipment North America, Inc., Asheville Plant, Skyland, North Carolina. The workers are engaged in the fabrication of components for wheel loaders and articulated haulers.
This investigation revealed that sales, production and employment at the subject firm declined during the relevant periods.
Further findings of the investigation revealed that the subject firm is closing the fabrication department and is outsourcing these articles from foreign suppliers. Other findings show company imports of components for wheel loaders and articulated haulers have increased.
Workers at the subject firm are currently under an existing investigation for NAFTA-Transitional Adjustment Assistance, NAFTA-5322.
Conclusion
After careful review of the facts obtained in the investi-gation, I conclude that increases of imports of articles like or directly competitive with fabrication of parts for wheel loaders and articulated haulers produced at Volvo Construction Equipment North America, Inc., Asheville Plant, Skyland, North Carolina, contributed importantly to the decline in sales or production and to the total or partial separation of workers of the subject firm.
In accordance with the provisions of the Act, I make the following certification:
"All workers of Volvo Construction Equipment North America, Inc., Asheville Plant, Skyland, North Carolina, engaged in employment related to the fabrication of parts for wheel loaders and articulated haulers, who became totally or partially separated from employment on or after September 13, 2000, through two years from the date of certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 12th day of December, 2001.
/s/ Edward A. Tomchick
_______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance