Petitioner Type: State
Impact Date:
Filed Date: 06/29/2005
Most Recent Update: 08/10/2005
Determination Date: 08/10/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,472
HI-TECH SEATING PRODUCTS, INC.
D/B/A KUSTOM FIT
SOUTH GATE, CALIFORNIA
Negative Determinations 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 June 29, 2005 in response
to a petition filed by a state agency representative on behalf of
workers at Hi-Tech Seating Productions, Inc., d/b/a Kustom Fit,
South Gate, California. The workers produce auto seating and RV
furniture. The workers are not separately identifiable by product.
The investigation revealed that criterion (a)(2)(A) I.C and
(a)(2)(B) II.B have not been met.
Employment, sales, and production declined during January
through May 2005 when compared to the same time frame in 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of auto seating and
RV furniture during 2003, 2004, and January through May 2005. The
survey revealed that the customers' did not import products like or
directly competitive with the auto seating and RV furniture
purchased from the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of the Hi-Tech Seating
Products, Inc., d/b/a Kustom Fit, South Gate, California, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 10th day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance