Petitioner Type: Union
Impact Date: 04/08/2001
Filed Date: 04/15/2002
Most Recent Update: 08/09/2002
Determination Date: 08/09/2002
Expiration Date: 04/26/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,288 & NAFTA-06104
INTERNATIONAL TRUCK AND ENGINE CORPORATION
A SUBSIDIARY OF NAVISTAR INTERNATIONAL CORPORATION
SPRINGFIELD, OHIO
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT)
granted the Secretary of Labor's motion for a voluntary remand
for further investigation in International Union, United Auto
Workers (UAW), Region 2B v. Elaine L. Chao, U.S. Secretary of
Labor (Court No. 03-00642).
The Department's denial of certification for TA-W-41,288 and
NAFTA-06104 were issued on August 9, 2002 and published in the
Federal Register on September 10, 2002 (67 FR 57454 and 67 FR
57455, respectively). Workers were engaged in activities related
to the production of trucks and related components.
The denial of Trade Adjustment Assistance (TAA) was based on
a finding that criterion (3) of the Group Eligibility
Requirements of Section 222 of the Trade Act of 1974, as amended,
was not met. Information gathered in the investigation indicated
that imports did not contribute importantly to worker separations
at the subject firm. The denial of NAFTA-Transitional Adjustment
Assistance (NAFTA-TAA) was based on the finding that criteria (3)
and (4) were not met. Facts gathered during the investigation
showed that imports from Canada or Mexico did not contribute
importantly to workers separations and that there was no shift of
production to Canada or Mexico.
The Department’s denial of administrative reconsideration
for TA-W-41,288 and NAFTA-06104 was issued on June 13, 2003 and
published in the Federal Register on July 7, 2003 (68 FR 40296).
The Department affirmed its conclusions that imports did not
contribute importantly to worker separations at the subject firm
and no production shift occurred within the relevant time period.
In the remand investigation, the Department contacted the
company for additional and more comprehensive information. The
company provided sales, production, import, and production shift
figures which were meticulously compiled with detailed
explanations of the various operations of the subject facility,
the corporation, and its affiliates and also included an
extensive list of its customers.
After careful review of the new and additional material
provided in the expanded investigation, it has been determined
that there was an ongoing shift in production to Mexico which
began during the relevant period. Further, the investigation
found that the ongoing shift in production resulted in increased
shifts of production from the subject facility to an affiliated
facility located in Mexico as well as increased company imports.
Conclusion
After careful review of the additional facts obtained on
remand, I determine that a shift of production to Mexico and
increases in imports (including from Canada and/or Mexico) of
articles like or directly competitive with those produced by the
subject firm 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 International Truck and Engine Corporation,
a Subsidiary of Navistar International Corporation,
Springfield, Ohio, who became totally or partially separated
from employment on or after April 8, 2001, through two years
from the issuance of this revised determination, are
eligible to apply for worker adjustment assistance under
Section 223 of the Trade Act of 1974," and
"All workers of International Truck and Engine Corporation,
a Subsidiary of Navistar International Corporation,
Springfield, Ohio, who became totally or partially separated
from employment on or after April 8, 2001, 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 26th day of April 2004.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,288
INTERNATIONAL TRUCK AND ENGINE CORPORATION
A SUBSIDIARY OF NAVISTAR INTERNATIONAL CORPORATION
SPRINGFIELD, OHIO
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
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:
(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 April 15, 2002 in response
to a petition filed by the International Union, United Automobile,
Aerospace & Agricultural Workers of America – UAW, Region 2B, and
Local Unions 402 and 658 on behalf of workers at International
Truck and Engine Corporation, a subsidiary of Navistar
International Corporation, Springfield, Ohio. The workers at the
subject firm produce medium, heavy, and severe service trucks.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
increase imports of medium, heavy, and severe service trucks during
the relevant period.
Furthermore, aggregate U.S. imports of medium, heavy, and
severe service trucks decreased during the relevant period.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by International Union, United
Automobile, Aerospace & Agricultural Workers of America – UAW,
Region 2B, and Local Unions 402 and 658 on behalf of workers at the
subject firm (NAFTA-6104).
Conclusion
After careful review, I determine that all workers at
International Truck and Engine Corporation, a subsidiary of
Navistar International Corporation, Springfield, Ohio engaged in
employment related to the production of medium, heavy, and severe
service trucks, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of August, 2002.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,288 & NAFTA-06104
INTERNATIONAL TRUCK AND ENGINE CORPORATION
A SUBSIDIARY OF NAVISTAR INTERNATIONAL CORPORATION
SPRINGFIELD, OHIO
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT)
granted the Secretary of Labor's motion for a voluntary remand
for further investigation in International Union, United Auto
Workers (UAW), Region 2B v. Elaine L. Chao, U.S. Secretary of
Labor (Court No. 03-00642).
The Department's denial of certification for TA-W-41,288 and
NAFTA-06104 were issued on August 9, 2002 and published in the
Federal Register on September 10, 2002 (67 FR 57454 and 67 FR
57455, respectively). Workers were engaged in activities related
to the production of trucks and related components.
The denial of Trade Adjustment Assistance (TAA) was based on
a finding that criterion (3) of the Group Eligibility
Requirements of Section 222 of the Trade Act of 1974, as amended,
was not met. Information gathered in the investigation indicated
that imports did not contribute importantly to worker separations
at the subject firm. The denial of NAFTA-Transitional Adjustment
Assistance (NAFTA-TAA) was based on the finding that criteria (3)
and (4) were not met. Facts gathered during the investigation
showed that imports from Canada or Mexico did not contribute
importantly to workers separations and that there was no shift of
production to Canada or Mexico.
The Department’s denial of administrative reconsideration
for TA-W-41,288 and NAFTA-06104 was issued on June 13, 2003 and
published in the Federal Register on July 7, 2003 (68 FR 40296).
The Department affirmed its conclusions that imports did not
contribute importantly to worker separations at the subject firm
and no production shift occurred within the relevant time period.
In the remand investigation, the Department contacted the
company for additional and more comprehensive information. The
company provided sales, production, import, and production shift
figures which were meticulously compiled with detailed
explanations of the various operations of the subject facility,
the corporation, and its affiliates and also included an
extensive list of its customers.
After careful review of the new and additional material
provided in the expanded investigation, it has been determined
that there was an ongoing shift in production to Mexico which
began during the relevant period. Further, the investigation
found that the ongoing shift in production resulted in increased
shifts of production from the subject facility to an affiliated
facility located in Mexico as well as increased company imports.
Conclusion
After careful review of the additional facts obtained on
remand, I determine that a shift of production to Mexico and
increases in imports (including from Canada and/or Mexico) of
articles like or directly competitive with those produced by the
subject firm 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 International Truck and Engine Corporation,
a Subsidiary of Navistar International Corporation,
Springfield, Ohio, who became totally or partially separated
from employment on or after April 8, 2001, through two years
from the issuance of this revised determination, are
eligible to apply for worker adjustment assistance under
Section 223 of the Trade Act of 1974," and
"All workers of International Truck and Engine Corporation,
a Subsidiary of Navistar International Corporation,
Springfield, Ohio, who became totally or partially separated
from employment on or after April 8, 2001, 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 26th day of April 2004.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,288
INTERNATIONAL TRUCK AND ENGINE CORPORATION
A SUBSIDIARY OF NAVISTAR INTERNATIONAL CORPORATION
SPRINGFIELD, OHIO
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
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:
(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 April 15, 2002 in response
to a petition filed by the International Union, United Automobile,
Aerospace & Agricultural Workers of America – UAW, Region 2B, and
Local Unions 402 and 658 on behalf of workers at International
Truck and Engine Corporation, a subsidiary of Navistar
International Corporation, Springfield, Ohio. The workers at the
subject firm produce medium, heavy, and severe service trucks.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
increase imports of medium, heavy, and severe service trucks during
the relevant period.
Furthermore, aggregate U.S. imports of medium, heavy, and
severe service trucks decreased during the relevant period.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by International Union, United
Automobile, Aerospace & Agricultural Workers of America – UAW,
Region 2B, and Local Unions 402 and 658 on behalf of workers at the
subject firm (NAFTA-6104).
Conclusion
After careful review, I determine that all workers at
International Truck and Engine Corporation, a subsidiary of
Navistar International Corporation, Springfield, Ohio engaged in
employment related to the production of medium, heavy, and severe
service trucks, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of August, 2002.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance