[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Notices]               
[Page 54858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se08-105]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,192]

 
Shiloh Industries, Liverpool Manufacturing Division, Valley City, 
OH; Notice of Revised Determination on Reconsideration

    On July 25, 2008, the Department issued a negative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to 
workers and former workers of Shiloh Industries, Liverpool 
Manufacturing Division, Valley City, Ohio (subject firm). The notice of 
determination was published in the Federal Register on August 12, 2008 
(73 FR 46924).
    The petition for TAA and ATAA, dated April 14, 2008, was filed on 
behalf of the subject worker group by a representative of the 
International Union, United Automobile, Aerospace and Agricultural 
Implement Workers of America--United Auto Workers, Region 2-B (Union). 
The subject worker group produces automotive stampings and weldments (a 
unit formed by welding together an assembly of pieces). Workers are not 
separately identifiable by product line.
    The negative determination stated that the subject firm did not 
import automotive stampings and weldments in 2006 through March 2008, 
and did not shift production to a foreign country during the relevant 
period. The Department's survey of the subject firm's largest customers 
revealed that no customer which contributed significantly to the 
subject firm's sales decline increased its imports during the relevant 
period. U.S. aggregate imports of motor vehicle metal stampings 
decreased in January through May 2008 compared with the corresponding 
2007 period.
    The request for reconsideration alleges that the subject firm out-
sourced to a foreign company the production of valve covers (a specific 
type of automotive stamping) and that the subject firm ``may have lost 
work'' to another domestic company, and that this domestic competitor 
``may be TAA eligible.''
    A careful review of previously-submitted information revealed that 
the Department investigated whether the subject firm had shifted 
production of automotive stampings or weldments to a foreign country or 
have scheduled any such shift, and that the subject firm did not and is 
not scheduled to shift production. The review also revealed that a 
major declining customer increased their reliance on foreign-produced 
automotive stampings while decreasing purchases from the subject firm.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for ATAA. 
The Department has determined in this case that the group eligibility 
requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained during the 
reconsideration investigation, I determine that increases of imports of 
articles like or directly competitive with automotive stampings 
produced at the subject firm contributed importantly to the total or 
partial separation of the subject workers and to the decline in sales 
or production at that firm or subdivision. In accordance with the 
provisions of the Act, I make the following certification:

    ``All workers of Shiloh Industries, Liverpool Manufacturing 
Division, Valley City, Ohio, who became totally or partially 
separated from employment on or after April 14, 2007 through two 
years from the date of this certification, are eligible to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
and are eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.''

    Signed at Washington, DC, this 15th day of September 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-22124 Filed 9-22-08; 8:45 am]

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