Petitioner Type: Workers
Impact Date:
Filed Date: 10/15/2004
Most Recent Update: 11/18/2004
Determination Date: 11/18/2004
Expiration Date:
Employment and Training Administration
TA-W-55,803
COLLINS AND AIKMAN
PLASTICS DIVISION
MANCHESTER, MICHIGAN
Negative Determination 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, 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 October 15, 2004 in
response to a petition filed on behalf of workers of Collins and
Aikman, Plastics Division, Manchester, Michigan. The workers at the
subject firm produce plastic components for the automotive industry
such as doors, instrument panels, and defroster grilles. Workers
are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import any plastic components for the automotive industry from 2002
to 2003, or during the period of January through September 2004.
Furthermore, the subject firm did not shift its production of
plastic components for the automotive industry to any foreign
country during the period under investigation.
The U.S. Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of plastic
components for the automotive industry during 2002, 2003, and
January through September 2004. The survey revealed no imports of
plastic components for the automotive industry during the period
under investigation.
Conclusion
After careful review, I determine that all workers of Collins
and Aikman, Plastics Division, Manchester, Michigan are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of November, 2004.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance