Petitioner Type: Company
Impact Date:
Filed Date: 04/28/2005
Most Recent Update: 06/07/2005
Determination Date: 06/07/2005
Expiration Date:
Employment and Training Administration
TA-W-57,066
SECOND CHANCE BODY ARMOR, INC.
MICHIGAN MANUFACTURING DIVISION
CENTRAL LAKE, MICHIGAN
Negative Determinations 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. 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 April 27, 2005, in
response to a petition filed by a company official on
behalf of workers of Second Chance Body Armor, Inc.,
Michigan Manufacturing Division, Central Lake, Michigan.
The workers are engaged in the production of personal body
armor (vests) and anti-ballistic blankets. The workers are
separately identifiable by product line.
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met for
workers of the subject firm.
The investigation revealed that sales, production and
employment declined during January through April 2005 over
the corresponding 2004 period.
The Department of Labor surveyed a sample of the
subject firm's major declining customers regarding their
purchases of personal protective body armor (anti-ballistic
vests) during 2003, 2004 and January through April 2005.
The survey revealed that none of the customers purchased
imports during the relevant period.
The Department of Labor surveyed a sample of the firms
to which Second Chance Body Armor, Inc. submitted bids to
produce concealable body armor. Each of the customers
awarded the contract to a firm to be produced domestically.
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 workers of
Second Chance Body Armor, Inc., Michigan Manufacturing
Division, Central Lake, Michigan are denied eligibility to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also denied eligibility to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 7th day of June, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance