DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,047

PLASTI-COIL, INC.
LAKE GENEVA, WISCONSIN

Notice of Negative Determination
Regarding Application for Reconsideration

By application of December 8, 2005 a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on November 10, 2005 and
published in the Federal Register on December 6, 2005 (70 FR
72653).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The TAA petition, filed on behalf of workers at Plasti-Coil,
Inc., Lake Geneva, Wisconsin engaged in production of custom
injection molding was denied because the "contributed
importantly" group eligibility requirement of Section 222 of the
Trade Act of 1974 was not met, nor was there a shift in
production from that firm to a foreign country. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s declining customers. The survey revealed no
increase in imports of custom injection molding. The subject
firm did not import custom injection molding in the relevant
period, nor did it shift production to a foreign country.
In the request for reconsideration, the petitioner alleges
that the layoffs at the subject firm are attributable to a shift
in production to China. To support the allegations, the
petitioner attached a copy of the letter from the subject firm’s
company official stating that “a significant portion of the
business has been transferred to China”.
A company official was contacted regarding the above
allegations. The company official confirmed what was revealed
during the initial investigation. In particular, the official
stated that Plasti-Coil, Inc., Lake Geneva, Wisconsin was
contemplating to move portion of its production to China,
however, the shift did not occur and there are no current plans
to move production from the subject firm to a foreign country.
The official further clarified that the letter mentioned by the
petitioner meant that the subject firm’s customers transferred
significant volumes of their business to China and other Asian
countries, which had a negative impact on production of the
subject firm. The subject firm did not shift production of
custom injection molding abroad.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 13th day of January, 2006


/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,047

PLASTI-COIL, INC.
LAKE GENEVA, WISCONSIN

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 September 29, 2005, in
response to a petition filed by the company on behalf of workers of
Plasti-Coil, Inc., Lake Geneva, Wisconsin. The workers produce
custom injection molding (components).
The investigation revealed that criteria I.C and II.B were not
met.
The subject firm did not shift production of custom injection
molding to an offshore location, nor has it increased its imports
of custom injection molding.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
custom injection molding during 2003, 2004, and January through
September 2005 over the corresponding 2004 period. The survey
revealed customers did not increase their reliance on imported
custom injection molding during the relevant time 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 workers of Plasti-Coil,
Inc., Lake Geneva, Wisconsin, 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 10th day of November, 2005

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