Petitioner Type: Workers
Impact Date:
Filed Date: 05/13/2005
Most Recent Update: 06/24/2005
Determination Date: 06/24/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,172
MERIDIAN AUTOMOTIVE SYSTEMS, INC.
NEWTON, NORTH CAROLINA
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 May 13, 2005 in re-
sponse to a petition filed on behalf of workers at Meridian
Automotive Systems, Inc., Newton, North Carolina. The workers
produce L Series, 3800 Valve Covers and are not separately
identifiable by specific product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of L Series, 3800 Valve Covers, nor was there a shift in
production from the Newton, North Carolina plant to a foreign
country during the period under investigation.
The investigation further revealed that all production of L
Series, 3800 Valve Covers at Newton has been transferred
domestically to a another company facility in North Carolina.
The Department of Labor surveyed the subject firm's major
customer regarding its purchases of L Series, 3800 Valve Covers
in 2003, 2004 and January-May 2005. The respondent reported no
imports in the above periods.
Additionally, petitioners allege that job losses were due
to their firm losing business as a supplier of component parts
to firms that shifted production abroad or were affected by
increased imports. The investigation revealed, however, that
was not the case.
The investigation showed that no customers of the subject
firm are currently certified as eligible for trade adjustment
assistance in the relevant one year period prior to the date of
the petition.
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 of
Meridian Automotive Systems, Inc., Newton, North Carolina 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 24th day of June, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance