DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,687 & NAFTA-05749

GOODYEAR DUNLOP TIRES, N.A. LTD
HUNTSVILLE, ALABAMA

Notice of Revised Determination
On Remand

The United States Court of International Trade (USCIT)
granted the Secretary of Labor's motion for voluntary remand for
further investigation of the negative determinations in United
Steel Workers of America, Local 915L, District 9, AFL-CIO v.
Elaine L. Chao, U.S. Secretary of Labor (Court No. 02-00457).
The Department's initial denial of the Trade Adjustment
Assistance (TAA) petition for employees of Goodyear Dunlop, N.A.
LTD, Huntsville (TA-W-40,687), was issued on May 3, 2002 and
published in the Federal Register on May 17, 2002 (67 Fed. Reg.
35140). The denial was based on the fact that criterion (3) of
the Group Eligibility Requirements of Section 222 of the Trade
Act of 1974, as amended, was not met. Increased imports did not
contribute importantly to worker separations at the subject firm.
The Department's initial denial of the NAFTA-Transitional
Adjustment Assistance (NAFTA) petition for employees of Goodyear
Dunlop, N.A. LTD, Huntsville, Alabama (NAFTA-05749) was issued on
May 3, 2002 and published in the Federal Register on May 17, 2002
(67 Fed. Reg. 35142). The denial was based on the fact that
criteria (3) and (4) of the Group Eligibility Requirements of
Section 250 of the Trade Act of 1974 were not met. Imports from
Canada or Mexico did not contribute importantly to worker
separations nor was there a shift in production from the subject
firm to Canada or Mexico during the relevant period.
On remand, the Department requested additional information
from the company. Based on the data supplied by the company the
Department made a decision to survey the major declining
customers of the subject firm regarding their purchases of
passenger and light truck radial tires during 1999, 2000 and
2001. The survey revealed that a major declining customer
increased their imports (primarily from Mexico and/or Canada) of
passenger and light truck radial tires, while decreasing their
purchases of passenger and light truck radial tires from the
subject firm during the relevant period
Conclusion
After careful review of the additional facts obtained on
remand, I conclude that there were increased imports (primarily
from Canada or Mexico) of articles like or directly competitive
with those produced by the subject firm that contributed
importantly to the worker separations and sales or production
declines at the subject facility. In accordance with the
provisions of the Trade Act, I make the following certification:





"All workers of Goodyear Dunlop, N.A. LTD, Huntsville,
Alabama (TA-W-40,687) who became totally or partially
separated from employment on or after November 28, 2000,
through two years from the issuance of this revised
determination, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;" and
"All workers of Goodyear Dunlop, N.A. LTD, Huntsville,
Alabama (NAFTA-05749) who became totally or partially
separated from employment on or after December 11, 2000,
through two years from the issuance of this revised
determination, are eligible to apply for NAFTA-TAA under
Section 250 of the Trade Act of 1974."


Signed at Washington, D.C. this 5th day of November 2002.


/s/ Edward A. Tomchick
______
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance