DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,080

H & L TOOL COMPANY
ERIE, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By letter dated April 17, 2003, a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on March 31, 2003, based on the finding that
workers of Burelbach Industries, Inc., Rickreal, Oregon did not
meet the “upstream supplier” group eligibility requirement of
Section 222(b) of the Trade Act of 1974. The denial notice was
published in the Federal Register on April 11, 2003 (68 FR
17830).
On review of the request for reconsideration and further
review and analysis of the investigation it has become apparent
that the major declining customer of the subject firm increased
their reliance on imports of like or directly competitive
injection molds during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production.

Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at H & L Tool
Company, Erie, Pennsylvania, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of H & L Tool Company, Erie, Pennsylvania, who
became totally or partially separated from employment on or
after March 5, 2002 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."

Signed in Washington, D.C. this 22nd day of May 2003.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,080

H & L TOOL COMPANY
ERIE, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either—

(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least
20 percent of the production or sales of the
workers’ firm; or

(B) a loss of business by the workers’ firm with
the firm (or subdivision)
described in paragraph (2) contributed importantly
to the workers’ separation or threat of separation.

The investigation was initiated on March 6, 2003, in response
to a petition filed by a company official on behalf of workers at H
& L Tool Company, Erie, Pennsylvania. The workers produced plastic
injection molds.
The investigation revealed that criterion (b)(3) of Section
222 has not been met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
Furthermore, the investigation revealed that the subject firm
supplied plastic injection molds to a company whose workers produce
engine cooling components. Although plastic injection molds are
used in the manufacturing process, they cannot be considered a
component of engine cooling components.


Conclusion
After careful review, I determine that all workers of H & L
Tool Company, Erie, Pennsylvania, 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 31st day of March 2003

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