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TAW-52538  /  Custom Tool and Design, Inc. (Erie, PA)

Petitioner Type: Workers
Impact Date: 07/23/2002
Filed Date: 08/12/2003
Most Recent Update: 09/23/2003
Determination Date: 09/23/2003
Expiration Date: 01/06/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,538

CUSTOM TOOL AND DESIGN, INC.
ERIE, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On November 21, 2003, the Department issued a Notice of
Affirmative Determination Regarding Application for
Reconsideration, applicable to workers of the subject firm. The
notice was published in the Federal Register on December 19, 2003
(68 FR 70837-70838).
On September 23, 2003, the initial petition investigation
for workers of Custom Tool and Design, Inc., Erie, Pennsylvania
resulted in a negative decision because criteria I.B. and II.B.
of the worker group eligibility requirements of the Trade Act of
1974, as amended, were not met. Sales and production of plastic
injection molds increased in January through July 2003 when
compared to the same time period of the previous year.


Officials of Custom Tool and Design, Inc. provided new
information to the Department showing that sales and production
of plastic injection molds declined in January through August
2003 over the corresponding period of 2002.
Subsequently, the Department conducted a survey of major
customers of the subject firm regarding their purchases of
plastic injection molds during 2001, 2002 and January through
August 2003. Results of this survey revealed that major declining
customer(s) of Custom Tool and Design, Inc. increased import
purchases of plastic injection molds, while reducing purchases
from the subject firm.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that increased imports of
plastic injection molds like or directly competitive with those
produced by Custom Tool and Design, Inc., Erie, Pennsylvania,
contributed importantly to the decline in sales or production and
to the total or partial separation of workers of that firm.
In accordance with the provisions of the Trade Act of 1974, I
make the following revised determination:
"All workers of Custom Tool and Design, Inc., Erie,
Pennsylvania, who became totally or partially separated from
employment on or after July 23, 2002, through two years from
the date of certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."

Signed in Washington, D.C. this 6th day of January, 2004.


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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,538

CUSTOM TOOL AND DESIGN, INC.
ERIE, PENNSYLVANIA

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 August 12, 2003 in response
to a petition filed on behalf of workers of Custom Tool and Design,
Inc., Erie Pennsylvania. The workers produce plastic injunction
molds.
The investigation revealed that Criteria I.B. and II.B. have
not been met.
The investigation revealed that subject company sales and
production increased during the relevant time period and there was
no shift of production abroad.
Conclusion
After careful review, I determine that all workers of Custom
Tool and Design, Inc., Erie, Pennsylvania are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of September 2003

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance