Petitioner Type: Union
Impact Date:
Filed Date: 05/15/2003
Most Recent Update: 06/19/2003
Determination Date: 06/19/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,786
SEAWAY PATTERN MANUFACTURING, INC.
TOLEDO, OHIO
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 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
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 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 the International Association of Machinists and
Aerospace Workers, Lodge PM2848, on behalf of workers of Seaway
Pattern Manufacturing, Inc., Toledo, Ohio. The workers produce
foundry production molds, patterns and related equipment.
The investigation revealed that criteria I.C. and II.B. are
not met.
A substantial proportion of the sales of the subject firm are
exported to the foreign market and thus not affected by imports.
The Department of Labor surveyed major domestic customers of
the subject firm regarding their purchases of production molds and
patterns for foundry castings in 2001, 2002, and January to March,
2003. Respondents reported no imports in the relevant periods.
Conclusion
After careful review, I determine that all workers of Seaway
Pattern Manufacturing, Inc., Toledo, Ohio are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 19th day of June 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance