Certified
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TAW-56913  /  Modern Case Co., Inc. (Ewen, MI)

Petitioner Type: State
Impact Date: 03/24/2004
Filed Date: 04/07/2005
Most Recent Update: 05/13/2005
Determination Date: 05/13/2005
Expiration Date: 05/13/2007


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,913

MODERN CASE COMPANY, INC.
EWEN, MICHIGAN

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 (19
USC 2273), as amended, 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 in response to a petition
received on April 7, 2005 and filed by a company official on
behalf of workers at Modern Case Company, Inc., Ewen, Michigan.
The workers produced gig bags, road cases, flight cases and hard-
shell cases primarily for musical instruments.
The investigation revealed that plant production and
employment declined during the relevant period.


The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of gig bags,
road cases, flight cases and hard-shell cases primarily for
musical instruments during 2004 over the corresponding 2003
period and during January through March 2005 compared with the
corresponding January through March 2004 period. The survey
revealed that a major customer increased its reliance on import
purchases in during the relevant periods.
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 addition, 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 facility are
over age 50 and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with gig bags, road cases, flight
cases and hard-shell cases primarily for musical instruments
produced at Modern Case Company, Inc., Ewen, 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 Modern Case Company, Inc., Ewen, Michigan
who became totally or partially separated from employment on
or after March 24, 2004 through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 13th day of May, 2005.

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