DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,118

SPX CONTECH METAL FORGE
DOWAGIAC, MICHIGAN

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 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 October 2, 2003 in
response to a petition filed by the UAW - Region 1D, Local Union
3163 on behalf of workers at SPX Contech Metal Forge, Dowagiac,
Michigan. The workers produce automotive die castings, and are
not separately identifiable by product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of automotive die castings, nor was there a shift in
production of automotive die castings from the Dowagiac,
Michigan plant to a foreign country during the period under in-
vestigation.
The U.S. Department of Labor conducted a survey of major
customers of SPX Contech Metal Forge, Dowagiac, Michigan,
regarding their purchases of automotive die castings in 2001,
2002, and January-September 2003. The survey revealed that no
respondent reported increasing imports while decreasing
purchases from the subject firm during the relevant time period.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that workers producing
automotive die castings at SPX Contech Metal Forge, Dowagiac,
Michigan, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 26th day of November 2003.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance