DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,443

DECO ENGINEERING, INC.
NEWCOR, INC.
ROYAL OAK, 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 November 5, 2003 in response to a petition filed by a company official on behalf of workers of Deco Engineering, Inc., Newcor, Inc., Royal Oak, Michigan. The workers of the subject facility produce rocker arm assemblies.
The investigation revealed that criteria (a)(2)(A)(I.A), (a) (2) (A) (I.B), and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of rocker arm assemblies increased during the period of January through October of 2003, when compared to the same period in 2002.
Moreover, the subject firm did not shift production of rocker arm assemblies to a foreign country during the relevant period.
Conclusion
After careful review of the facts obtained, I determine that all workers Deco Engineering, Inc., Newcor, Inc., Royal Oak, Michigan are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of December 2003.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance