DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,848

CROTTY CORPORATION
QUINCY, MICHIGAN

Notice of Revised Determination
on Reconsideration

By letter dated December 16, 2004, a petitioner requested
administrative reconsideration regarding the Department’s Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination
issued on December 1, 2004, based on the finding that the workers
of the subject facility did not supply a component part to a trade
certified firm, because the articles produced by the petitioning
worker group were finished products, and not component parts of
articles that were the basis for certification of the primarily
affected firm. Moreover, imports of automotive sun visors did not
contribute importantly to worker separations at the subject plant,
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on December 22,
2004 (69 FR 76785).
To support the request for reconsideration, the petitioner
supplied additional information indicating that although the
subject firm had lost a contract to produce a specific model line
of sun visors (GMT-360) for a major customer to another domestic
firm, that firm actually produces the sun visors in Mexico.
Upon further review and contact with the subject firm and the
major customer, it was revealed that when the original bid survey
was conducted, the major customer did not know that the winning
bidder (another domestic firm) would be producing the sun visors in
Mexico. New information confirms that said sun visors are now
being produced in Mexico and imported to the U.S. for delivery to
the customer.
The investigation further revealed that there were declines in
sales, production, and employment at the subject facility during
the relevant period, and the loss of this contract accounted for a
meaningful portion of the subject facility’s lost sales and
production.
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 subject division 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles like
or directly competitive with those produced at Crotty Corporation,
Quincy, Michigan, contributed importantly to the declines in sales
or production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Crotty Corporation, Quincy, Michigan, who
became totally or partially separated from employment on or
after October 20, 2003 through two years from the date of this
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 14th day of February 2005.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,848

CROTTY CORPORATION
QUINCY, MICHIGAN

Negative Determination 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), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift in
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either—

(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or

(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.

The investigation was initiated on October 22, 2004 in
response to a petition filed on behalf of workers of Crotty
Corporation, Quincy, Michigan. The workers produce automotive sun
visors.
The investigation revealed that criteria (2) and (3)(A)

have not been met.

Petitioners allege that job losses were due to their firm
losing business as a supplier of component parts to a firm that
shifted production abroad or was affected by increased imports.
The investigation revealed, however, that was not the case.
The articles produced by the petitioning worker group were not
component parts for articles that were the basis for a
certification for trade adjustment assistance eligibility.
Moreover, the investigation revealed that there were no
company imports of automotive sun visors, nor was there a shift in
production of automotive sun visors to a foreign country during the
period under investigation.
Additionally, the United States Department of Labor conducted
a survey of major customers of the subject firm regarding their
purchases of automotive sun visors in 2002, 2003, and January-
October of 2004. The survey revealed that none of the respondents
imported during the relevant period.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers covered by
this petition of Crotty Corporation, Quincy, Michigan do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section 223(b)
of the Trade Act of 1974, and are also denied eligibility to apply
for alternative trade adjustment assistance (ATAA) under Section
246 of the Trade Act of 1974.
Signed at Washington, D.C., this 1st day of December, 2004.


/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance