Petitioner Type: Company
Impact Date: 09/30/2003
Filed Date: 10/14/2004
Most Recent Update: 11/08/2004
Determination Date: 11/08/2004
Expiration Date: 11/08/2006
Corrected: November 30, 2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,791
MID-WEST METAL PRODUCTS COMPANY, INC.
COWAN ROAD PLANT AND WAREHOUSE ONE
MUNCIE, INDIANA
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, 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.
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 October 14, 2004 in
response to a petition filed by a company official on behalf of
workers of Mid-West Metal Products Company, Inc., Cowan Road Plant
and Warehouse One, Muncie, Indiana. Workers at the subject firm
produce pet cages.
The investigation revealed that employment at the subject firm
decreased during the relevant period.
The investigation further revealed that the subject firm
increased their reliance on imports of pet cages following a shift
of production abroad during the period under investigation.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
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 or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Mid-West Metal Products Company, Inc., Cowan
Road Plant and Warehouse One, Muncie, Indiana who became
totally or partially separated from employment on or after
September 30, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 8th day of November, 2004.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance