Denied
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TAW-54039  /  Ehlert Tool Company (New Berlin, WI)

Petitioner Type: State
Impact Date:
Filed Date: 01/20/2004
Most Recent Update: 02/18/2004
Determination Date: 02/18/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,039

EHLERT TOOL COMPANY
NEW BERLIN, WISCONSIN

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 January 20, 2004 in
response to a petition filed by a Wisconsin State Agency
Representative on behalf of workers of Ehlert Tool Company, New
Berlin, Wisconsin. The workers at the subject facility produced
die castings.
The investigation revealed that criteria (a) (2)(A) (I.B),
and (a)(2)(B)(II.C) have not been met.
The investigation revealed that sales and production of die
castings increased from January to November 2003 when compared
to the same time period the previous year.

Furthermore the investigation revealed that the subject
facility did not shift the production of die castings to a
foreign country.
Conclusion
After careful review, I determine that workers of Ehlert
Tool Company, New Berlin, Wisconsin are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 18th day of February 2004.

/s/ Linda G. Poole

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