DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,408

KOKOKU WIRE INDUSTRIES
SOUTH BEND, INDIANA


Notice of Negative Determination
on Reconsideration

On December 7, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Department’s
Notice of determination was published in the Federal Register on
December 20, 2004 (69 FR 76016).
The Department initially denied Trade Adjustment Assistance
(TAA) to workers of Kokoku Wire Industries, South Bend, Indiana
(“Kokoku Wire”) because the "contributed importantly" and shift
of production group eligibility requirements of Section 222(3) of
the Trade Act of 1974, as amended, were not met. The initial
investigation revealed that neither the subject company nor its
customers increased import purchases of steel wire for automotive
control cables during the relevant period and that there was no
shift of production. The Department also denied Alternate Trade
Adjustment Assistance (ATAA) to workers since the workers were
not certified eligible for TAA.
In the request for reconsideration, the petitioner alleged
that the subject’s major customers increased import purchases
during the relevant time period.
During the reconsideration investigation, the Department
carefully reviewed the record, requested additional information
from the subject company, and conducted another, more extensive
customer survey regarding purchases of steel wire for automotive
control cables during 2002, 2003, January through August 2003 and
January through August 2004.
A careful review of the record confirms that the subject
company’s inability to secure raw materials was a determining
factor for the plant closure in July 2004.
Additional information provided by the company official
revealed that the subject company had a group of smaller
customers who decreased purchases during the investigatory
period. A survey of those customers revealed no imports of steel
wire for automotive control cables during the relevant period.
An investigation for ATAA certification eligibility was not
conducted because the workers are not certified for TAA.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Kokoku
Wire Industries, South Bend, Indiana.
Signed at Washington, D.C., this 3rd day of February 2005.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance