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TAA Decision 54497


Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,497

TREK BICYCLE CORPORATION
INCLUDING LEASED WORKERS OF DIVERSIFIED PERSONNEL SERVICES
WHITEWATER, WISCONSIN

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)(A) of 
Section 222 have been met. 
      The investigation was initiated on March 12, 2004, in response 
to a petition filed by a company official on behalf of workers at 
Trek Bicycle Corporation, Whitewater, Wisconsin. Workers at the 
subject firm paint and assemble bicycles.
      The subject firm also leased some workers from Diversified 
Personnel Services, Whitewater, Wisconsin.
      The investigation revealed that production and employment at 
the subject firm declined from 2002 to 2003. 
      The investigation further revealed an increase in company 
imports of bicycles during the relevant period.
      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 within the workers' industry 
(i.e., conditions within the industry are adverse).
      The Department has determined that criterion 2 has not been 
met. 
      The investigation revealed workers in the workers' firm do 
possess easily transferable skills.
Conclusion
      After careful review of the facts obtained in the 
investigation, I determine that increases in imports of articles 
like or directly competitive with bicycles produced by Trek Bicycle 
Corporation, Whitewater, Wisconsin, contributed importantly to the 
total or partial separation of 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 Trek Bicycle Corporation, Whitewater, 
	Wisconsin, including leased workers from Diversified Personnel 
	Services, Whitewater, Wisconsin who became totally or 
	partially separated from employment on or after March 11, 
	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;" and
	I further determine that all workers Trek Bicycle Corporation, 
Whitewater, Wisconsin, including leased workers from Diversified 
Personnel Services, Whitewater, Wisconsin, are denied eligibility 
to apply for alternative trade adjustment assistance under Section 
246 of the Trade Act of 1974.
Signed in Washington, D. C., this 6th  day of April 2004.
                               /s/ Linda G. Poole
                                    ______________________________
                                    LINDA G. POOLE
                                    Certifying Officer, Division of 
                                    Trade Adjustment Assistance






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