Denied
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TAW-54028  /  Means Industries (Vassar, MI)

Petitioner Type: Union
Impact Date:
Filed Date: 01/15/2004
Most Recent Update: 03/02/2004
Determination Date: 03/02/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,028

MEANS INDUSTRIES, INC.
VASSAR PLANT
A SUBSIDIARY OF AMSTED INDUSTRIES
VASSAR, 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. 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 January 15, 2004 in
response to a petition filed by Paper, Allied-Industrial, Chemical
and Energy Workers International Union, Local 6358 on behalf of
workers at Means Industries, Inc., Vassar Plant, a subsidiary of
Amsted Industries, Vassar, Michigan. The workers at the subject
facility produce clutch plates.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject facility did not
import clutch plates or shift production abroad in 2002 or 2003.
The Department of Labor surveyed the subject facility's major
declining customers regarding their purchases of clutch plates.
This survey revealed no imports of clutch plates during the
relevant period.
Conclusion
After careful review of the facts obtained during this
investigation, I determine that all workers of Means Industries,
Inc., Vassar Plant, a subsidiary of Amsted Industries, Vassar,
Michigan are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of March 2004.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance