Petitioner Type: Union
Impact Date:
Filed Date: 05/15/2003
Most Recent Update: 07/03/2003
Determination Date: 07/03/2003
Expiration Date:
Employment and Training Administration
TA-W-51,782
TROY TOOLING, INC.
ROCHESTER HILLS, MICHIGAN
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. 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, 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 May 15, 2003 in response
to a petition filed by a company official on behalf of workers
at Troy Tooling, Inc., Rochester Hills, Michigan. The workers
produced fixtures, special tooling, molds and manufacturing;
they are separately identifiable by product line.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
Fixtures
The investigation revealed that sales and employment at the
subject firm declined from 2001 to 2002 and also declined from
January through April 2003 when compared to the same time period
in 2002.
The investigation also revealed that the subject firm
neither imported fixtures from another country nor did the
subject firm shift production of fixtures to a country that is
part of a free trade agreement with the United States from 2001
to 2002 and also from January through April 2003 when compared
to the same time period in 2002.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of fixtures from
the subject firm. The subject firm's major declining customers
reported no direct or indirect foreign purchases during the
period under investigation.
Special Tooling
The investigation revealed that sales and employment at the
subject firm declined from 2001 to 2002.
The investigation also revealed that the subject firm
neither imported special tooling from another country nor did
the subject firm shift production of special tooling to a
country that is part of a free trade agreement with the United
States from 2001 to 2002 and also from January through April
2003 when compared to the same time period in 2002.
The Department of Labor did not survey the subject firm's
major declining customers regarding their purchases of special
tooling from the subject firm. Both customers were located in
Ontario, Canada. Further investigation in regards to special
tooling would not be relevant to this case since the customers
are located abroad.
Molds
The investigation revealed that sales and employment at the
subject firm declined from 2001 to 2002. Employment declined
from January through April 2003 when compared to the same time
period in 2002.
The investigation also revealed that the subject firm
neither imported molds from another country nor did the subject
firm shift production of molds to a country that is part of a
free trade agreement with the United States from 2001 to 2002
and also from January through April 2003 when compared to the
same time period in 2002.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of molds from the
subject firm. The subject firm's major declining customers
reported no direct or indirect foreign purchases during the
period under investigation.
Manufacturing
The investigation revealed that sales and employment at the
subject firm declined from January through April 2003 when
compared to the same time period in 2002.
The investigation also revealed that the subject firm
neither imported manufactured products from another country nor
did the subject firm shift production of manufactured products
to a country that is part of a free trade agreement with the
United States from 2001 to 2002 and also from January through
April 2003 when compared to the same time period in 2002.
The Department of Labor surveyed the subject firm's major
declining customer regarding their purchases of manufacturing
products from the subject firm. The subject firm's major
declining customer reported no direct or indirect foreign
purchases during the period under investigation.
Conclusion
After careful review, I determine that all workers of Troy
Tooling, Inc., Rochester Hills, Michigan, 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 3rd day of July, 2003
/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance