Petitioner Type: State
Impact Date: 09/23/2003
Filed Date: 09/27/2004
Most Recent Update: 10/18/2004
Determination Date: 10/18/2004
Expiration Date: 10/18/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,698
ULTRA WHEEL COMPANY
BUENA PARK, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 27, 2004 in
response to a petition filed by a state agency representative on
behalf of workers of Ultra Wheel Company, Buena Park, California.
The workers of the subject facility produce aftermarket cast
aluminum automotive wheels.
The investigation revealed that employment at the subject
facility decreased between August 2003 and August 2004.
Furthermore, the investigation revealed the preponderance of
declines in employment at the subject firm is related to a shift in
production to China, and imports of aftermarket aluminum automotive
wheels from China have increased.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 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.
The group eligibility criteria for the ATAA program that the
Department 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 with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met. The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been an increase in imports of
these articles. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Ultra Wheel Company, Buena Park, California
who became totally or partially separated from employment on
or after September 23, 2003 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 Ultra Wheel Company, Buena
Park, California are denied eligibility to apply for alternative
trade assistance under section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 18th day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance