Petitioner Type: Company
Impact Date:
Filed Date: 11/25/2003
Most Recent Update: 01/28/2004
Determination Date: 01/28/2004
Expiration Date:
Employment and Training Administration
TA-W-53,635
KEYKERT USA, INC.
WEBBERVILLE, MICHIGAN
Negative Determinations 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 28, 2003, in
response to a petition filed by a company official on behalf of
workers of Keykert USA, Webberville, Michigan. The workers
produce key latches and locks for the automobile industry.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation revealed sales, production and employment
at the subject firm declined from 2001 to 2002 and also declined
from January through November 2003 when compared to the same
time in 2002.
The investigation also revealed that the subject firm
neither imported key latches and locks for the automobile
industry from another country nor did the subject firm shift the
production of key latches and locks for the automobile industry
to a foreign country from 2001 to 2002 and also from January
through November 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of key latches and
locks for the automobile industry from the subject firm. The
subject firm's major declining customers reported no import
purchases during the period under investigation.
Conclusion
After careful review, I determine that all workers of
Keykert USA, Webberville, Michigan, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C., this 28th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance