Denied
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TAW-53826A  /  Flex-N-Gate LLC (Warren, MI)

Petitioner Type: Union
Impact Date:
Filed Date: 12/17/2003
Most Recent Update: 02/05/2004
Determination Date: 02/05/2004
Expiration Date:

Other Worker Groups on This Petition

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,826

FLEX-N-GATE LLC
WARREN STAMPING PLANT 1
WARREN, MICHIGAN

TA-W-53,826A

FLEX-N-GATE LLC
PLANT 2
WARREN, 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, 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 December 17, 2003, in
response to a petition filed by United Automobile, Aerospace &
Agricultural Implement Workers of America International Union,
Region 1 and Local 155, on behalf of workers of Flex-N-Gate, Warren
Stamping Plant 1, Warren, Michigan (TA-W-53,826); and, Flex-N-Gate,
Plant 2, Warren, Michigan (TA-W-53,826A). Workers at both plants
were part of the company's vertically integrated production of
automotive stampings. Workers at Warren Stamping Plant 1 produced
stamped parts. Workers at Plant 2 assembled the stamped parts
produced at Plant 1. The workers work at both plants and are not
separately identifiable.

The investigation revealed that criteria I.C. and II.B. are
not met.
The petitioner alleges that the company shifted production
from Warren Stamping Plant 1 to other Flex-N-Gate facilities in
Canada and Mexico. Evidence developed in the course of the
investigation revealed that any shift in production from the
subject facility to other Flex-N-Gate facilities in these countries
accounted for a negligible percentage of production at Warren
Stamping Plant 1. According to a company official, significant
layoffs occurred because of cost reductions throughout the company
and lack of demand for the company's metal stamping commodity
resulting in the consolidation of the production of Warren Stamping
Plant 1 with another domestic Flex-N-Gate facility.
Sales of radiator supports produced at Plant 2 remained
constant in 2003 compared to 2002.
The Department conducted a survey of major declining
customers regarding their purchases of other automotive stampings
in 2001, 2002 and January-November 2003. The survey revealed that
none of the respondents imported in the relevant 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 all workers of Flex-
N-Gate, Warren Stamping Plant 1, Warren, Michigan (TA-W-53,826);
and, Flex-N-Gate, Plant 2, Warren, Michigan (TA-W-53,826A)
producing automotive stampings are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.

Signed in Washington, D.C. this 5th day of February, 2004.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance