Denied
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TAW-54118  /  Regal Plastics Co. (Owosso, MI)

Petitioner Type: Union
Impact Date:
Filed Date: 01/30/2004
Most Recent Update: 03/30/2004
Determination Date: 03/30/2004
Expiration Date:



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,118

REGAL PLASTICS COMPANY
INCLUDING LEASED WORKERS FROM JLI, INC.
OWOSSO, MICHIGAN

Negative Determination 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
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 30, 2004 in
response to a petition filed by the United Auto Workers, Local 743,
on behalf of workers at Regal Plastics, LLC, Owosso, Michigan. The
workers at the subject firm produced injection molded plastic
automotive parts for interior and exterior use; the workers are not
separately identifiable by product line. The subject firm leased
some of its production workers from JLI, Inc., Troy, Michigan.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The subject firm did not import injection molded plastic
automotive parts for interior and exterior use during the period
under investigation, nor did it shift production abroad during the
relevant period.
The Department of Labor surveyed the subject facility's major
customers regarding their purchases of injection molded plastic
automotive parts in 2002 and 2003. The survey revealed no increase
in imports during the above periods.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 at Regal Plastics, LLC, Owosso, Michigan 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 Regal
Plastics, LLC, including workers leased from JLI, Inc., Owosso,
Michigan 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 30th day of March 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance