DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,792

MACK INDUSTRIES
TROY, 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 International Association of Ma-
chinists and Aerospace Workers, Local Lodge PM 2848, on behalf
of workers of Mack Industries, Troy, Michigan. The workers
produce molds, patterns and pattern-related equipment.
The investigation revealed that criteria I.C and II.B have
not been met.
The subject firm has not increased its imports of molds,
patterns and pattern-related equipment, nor has it shifted
production of such articles to an offshore location during the
relevant time period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
molds, patterns and pattern-related equipment during 2001, 2002,
and January through May 2003 over the corresponding 2002 period.
The survey revealed that major customers did not increase their
purchases of imported molds, patterns and pattern-related
equipment, while decreasing their purchases from the subject
firm during the relevant time period.
Conclusion
After careful review, I determine that all workers of Mack
Industries, Troy, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 27th day of June 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance