Petitioner Type: Workers
Impact Date: 05/24/2003
Filed Date: 05/25/2004
Most Recent Update: 06/22/2004
Determination Date: 06/22/2004
Expiration Date: 06/22/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,977
CUSTOM TOOL & MANUFACTURING CO.
LAWRENCEBURG, KENTUCKY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on May 25, 2004, in response
to a petition filed on behalf of workers of Custom Tool &
Manufacturing Co., Lawrenceburg, Kentucky. The workers produce
wiring harness sets.
The investigation revealed that a shift in production from the
subject firm to China occurred during the period of investigation,
and layoffs at the subject firm resulted from this shift in
production. The investigation further revealed that company
imports of wiring harness sets increased during 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been
met.
The investigation revealed that there was only one worker in
the workers' firm over the age of 50.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production of
wiring harness sets from the workers' firm or subdivision to China
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of Custom Tool & Manufacturing Co., Lawrenceburg,
Kentucky, engaged in employment related to the production of
wiring harness sets, who became totally or partially separated
from employment on or after May 24, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974;", and
I further determine that all workers of Custom Tool &
Manufacturing Co., Lawrenceburg, Kentucky, are denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 22nd day of June, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance