Petitioner Type: Workers
Impact Date: 06/14/2003
Filed Date: 06/15/2004
Most Recent Update: 07/22/2004
Determination Date: 07/22/2004
Expiration Date: 07/22/2006
Employment and Training Administration
TA-W-55,082
CHIEFTAIN PRODUCTS, INC.
OWOSSO, MICHIGAN
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on July 22,
2004, applicable to workers of Chieftain Products, Inc., Owosso,
Michigan. The notice was published in the Federal Register on
August 10, 2004 (69 FR 48530).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of (cutting and sewing) automotive
interior trim.
Information shows that the Michigan Department of Labor
requested Alternative Trade Adjustment Assistance (ATAA) on
behalf of the workers of the subject firm but that request was
not addressed in the decision document.
Information obtained from the company states that a
significant number of workers of the subject firm are age 50 or
over, workers have skills that are not easily transferable, and
conditions in the industry are adverse. Review of this
information shows that all eligibility criteria under Section 246
of the Trade Act of 1974 (26 USC 2813), as amended have been met.
Accordingly, the Department is amending the certification to
reflect its finding.
The amended notice applicable to TA-W-55,082 is hereby
issued as follows:
"All workers of Chieftain Products, Inc., Owosso,
Michigan (TA-W-55,082), who became totally or partially
separated from employment on or after June 14, 2003,
through July 22, 2006, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974 and are also eligible to apply for
Alternative Trade Adjustment Assistance under Section
246 of the Trade Act of 1974."
Signed at Washington, D.C. this 21st day of September 2004.
/s/ Richard Church
_________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,082
CHIEFTAIN PRODUCTS, INC.
OWOSSO, MICHIGAN
TA-W-55,082A
CHIEFTAIN TECHNOLOGIES, INC.
INCLUDING LEASED WORKERS OF WESTAFF, INC.
OWOSSO, MICHIGAN
Determinations 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
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 June 15, 2004 in response
to a petition filed on behalf of workers of Chieftain Products,
Inc. (TA-W-55,082) and Chieftain Technologies, Inc. (TA-W-55,082A),
both of Owosso, Michigan. Workers of Chieftain Products are
engaged in the production (cutting and sewing) of automotive
interior trim. Workers at Chieftain Technologies produce
thermoformings for the automotive industry. Chieftain Products,
Inc., leased some of its workers from Westaff, Inc.
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.
With regards to the workers of Chieftain Products, Inc., it is
determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation revealed that sales, production, and
employment at the subject firm decreased absolutely during the
period of 2002 through July 2004.
The Department of Labor surveyed the subject firm’s major
customer regarding its purchases of automotive interior trim. The
survey revealed increases in imports during the period under
investigation.
With regard to workers at Chieftain Technologies, Inc., 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 thermoforming products for the
automotive industry during 2002, 2003, or January through June
2004, nor did it shift production abroad during the same period.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of automotive thermoforming
products. Results of the survey indicated no imports of this
product in the relevant periods.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with auto trim produced by Chieftain
Products, Inc., Owosso, Michigan, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production and at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Chieftain Products, Inc., Owosso, Michigan,
(TA-W-55,082) who became totally or partially separated from
employment on or after June 14, 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."
Furthermore, after careful review, I determine that all workers of
Chieftain Technologies, Inc., including leased workers of Westaff,
Inc., Owosso, Michigan (TA-W-55,082A) are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed at Washington, D.C., this 22nd day of July, 2004.
/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance