DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,643

ARAN MOLD AND DIE COMPANY, INC.
ELMWOOD PARK, NEW JERSEY


Notice of Negative Determination
On Reconsideration 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 Former Employees of Aran Mold and
Die Company, Inc. v. Elaine Chao, U.S. Secretary of Labor, No.
03-00362.
The Department's initial denial for the workers of Aran
Mold and Die Company, Inc., Elmwood, New Jersey (hereafter “Aran
Mold and Die”), issued on February 12, 2003 and published in the
Federal Register on March 26, 2003 (68 Fed. Reg. 14708), was
based on the finding that workers did not produce an article
within the meaning of Section 222 of the Trade Act of 1974. It
was determined that the subject worker group were not engaged in
the production of an article, but provided support services to
workers producing plastic injection molding, and that production
at the subject plant ceased more than one year prior to the date
of the petition (January 14, 2003).
On April 2, 2003, the petitioner requested administrative
reconsideration, asserting that workers were engaged in
production work and, therefore, were not service providers.
On April 15, 2003, the Department issued a Notice of
Affirmative Determination Regarding Application for
Reconsideration, published in the Federal Register on April 24,
2003 (68 Fed. Reg. 20179), stating that the workers did produce
a product (plastic injection molds).
The Department’s Notice of Negative Determination on
Reconsideration was issued on April 21, 2003 and published in
the Federal Register on May 7, 2003 (68 Fed. Reg. 24505).
During the reconsideration investigation, the Department
conducted a survey of two of the subject company’s customers
regarding their purchases of plastic injection molds during 2001
and 2002. The survey revealed no import purchases of plastic
injection molds during the surveyed time periods.


On remand, the petitioner requested that the Department
review its reconsideration determination, stating that the
subject company produced plastic injection molded components,
not plastic injection molds as determined in the reconsideration
investigation. The Department contacted the subject company
official, requesting additional and detailed information
regarding the subject plant’s sales and production during 2001
and 2002, the closure of the subject plant, and the subject
company’s plastic injection molded components customers.
The remand investigation revealed that the subject plant
ceased production of plastic injection molded components in
October 2001 and that sales continued until February 2002.
A careful review of a survey conducted of the subject
company’s two major customers revealed that neither customer
imported in 2001, one customer shifted reliance from the subject
company to other domestic sources, and both customers did not
purchase from the subject company in 2002.
However, even if there had been increased imports during
the relevant time periods, the workers would not be eligible to
apply for trade adjustment assistance because the there was no
production within the relevant period. Because production at the
subject plant ceased in October 2001, no production occurred at
the subject plant during the relevant time period.


Conclusion
After reconsideration on remand, I affirm the original
notice of negative determination of eligibility to apply for
adjustment assistance for workers and former workers of Aran
Mold and Die Company, Inc., Elmwood Park, New Jersey.
Signed at Washington, D.C. this 11th day of September 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
of Trade Adjustment Assistance