Denied
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TAW-50142  /  Midas International Corporation (Hartford, WI)

Petitioner Type: Union
Impact Date:
Filed Date: 11/20/2002
Most Recent Update: 12/23/2002
Determination Date: 12/23/2002
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,142

MIDAS INTERNATIONAL CORPORATION
MUFFLER CORPORATION OF AMERICAN DIVISION
HARTFORD, WISCONSIN

Negative Determination Regarding Eligibility
To Apply for Worker 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 an investigation regarding certification of eligibility
to apply for worker 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 an investigation
regarding certification of eligibility to apply for worker
adjustment assistance. The group eligibility requirements for
directly-impacted (primary) workers under Section 222(a) the Trade
Act of 1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on November 20, 2002 in
response to a petition filed by the Paper, Allied-Industrial,
Chemical & Energy Workers International Union, Local 7-0152 on
behalf of workers at of Midas International Corporation, Muffler
Corporation of America division, Hartford, Wisconsin. The workers
at the subject firm produce automotive mufflers (after-market).
The investigation revealed that criteria (a)(2)(A)(I.3)
and(a)(2)(B)(II. B) have not been met.
The preponderance of evidence in this investigation suggests
that worker separations are not attributable to increases in
imports or a shift in production to a foreign country, but rather
are attributable to a change in the company production technology,
which increases the life of the product resulting in a lesser
volume of sales.
Conclusion
After careful review, I determine that all workers of Midas
International Corporation, Muffler Corporation of America
division, Hartford, Wisconsin covered by the petition filed on
November 20, 2002 are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 23rd day of December 2002


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance