Petitioner Type: State
Impact Date: 06/29/2003
Filed Date: 06/30/2004
Most Recent Update: 07/14/2004
Determination Date: 07/14/2004
Expiration Date: 07/14/2006
Employment and Training Administration
TA-W-55,174
MELLING FORGING COMPANY
A SUBSIDIARY OF AVIS INDUSTRIAL CORPORATION
LANSING, MICHIGAN
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), 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)(A) of
Section 222 have been met.
The investigation was initiated on June 29, 2004, in response
to a petition filed by a state workforce agent on behalf of workers
of Melling Forging Company, a subsidiary of Avis Industrial
Corporation, Lansing, Michigan. The workers produce automotive
steering component forgings.
The investigation revealed that sales, production, and
employment at the subject firm declined from 2002 to 2003 and from
January through May 2003 to January through May 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of forgings in 2002, 2003 and
January through May 2004. The survey revealed increased import
purchases.
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 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive produced by Melling Forging Company, a
subsidiary of Avis Industrial Corporation, Lansing, 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 Melling Forging Company, a subsidiary of Avis
Industrial Corporation, Lansing, Michigan, who became totally
or partially separated from employment on or after June 29,
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."
I further determine that all workers of Melling Forging
Company, a subsidiary of Avis Industrial Corporation, Lansing,
Michigan, are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
as amended."
Signed in Washington, D.C., this 14th day of July, 2004.
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance