Petitioner Type: Company
Impact Date:
Filed Date: 10/18/2005
Most Recent Update: 11/29/2005
Determination Date: 11/29/2005
Expiration Date:
Employment and Training Administration
TA-W-58,161
MAXI-SEAL HARNESS SYSTEMS, INC.
GARLAND, TEXAS
Negative Determination 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 in response to a petition
received on October 18, 2005, and filed by the company on behalf of
workers at Maxi-Seal Harness Systems, Inc., Garland, Texas. The
workers produce wire harnesses for tractor trailers.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
Sales and production at the subject firm increased in 2004
compared to 2003 and declined very minimally in the period December
2004 through October 2005 compared with the same period one year
previous.
The investigation also revealed that the subject firm did not
import or shift a significant amount of its production of wire
harnesses to a foreign country during the relevant period.
The predominant cause of the layoffs at the subject facility
was a domestic transfer of production to another company facility
in the United States.
Conclusion
After careful review, I determine that all workers of Maxi-
Seal Harness Systems, Inc., Garland, Texas, 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 29th day of November 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance