Petitioner Type: State
Impact Date:
Filed Date: 06/27/2003
Most Recent Update: 09/12/2003
Determination Date: 09/12/2003
Expiration Date:
Employment and Training Administration
TA-W-52,159
MILFORD FABRICATING COMPANY
DETROIT, 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 June 27, 2003 in
response to a petition filed a State agency representative, on
behalf of workers at Milford Fabricating Company, Detroit,
Michigan. The workers at the subject firm produce automotive
prototypes and are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject company neither
increased imports nor shifted production of automotive
prototypes to a foreign country during the relevant time period.
The Department of Labor conducted a survey of the subject
company's major customer regarding their purchases of automotive
prototypes for 2001, 2002, and January through July 2002
compared to the same time period in 2003. The survey revealed no
foreign imports during the period under investigation.
Conclusion
After careful review, I determine that all workers of
Milford Fabricating Company, Detroit, Michigan are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of September 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance