DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,059

FLEX-N-GATE OKLAHOMA, L.L.C.
ADA, OKLAHOMA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on March 17, 2006, in response
to a petition filed by the United Steelworkers of America, Local
985L on behalf of workers of Flex-n-Gate Oklahoma, L.L.C., Ada,
Oklahoma. The workers produce plastic exterior parts (front and
rear bumpers) for the automotive industry.
The investigation revealed that criterion (2) was not met.
The petitioner alleges that the subject firm supplied
component parts to a primary firm whose workers are currently
certified eligible to apply for trade adjustment assistance (TAA).
The investigation revealed, however, that was not the case. The
workers of the firm to which Flex-n-Gate Oklahoma, L.L.C., Ada,
Oklahoma, supplied plastic exterior parts are not certified
eligible to apply for TAA.
The Department also determined that the workers of Flex-n-Gate
Oklahoma, L.L.C., Ada, Oklahoma, cannot at this time be certified
as a primary firm. Sales and production at the subject firm
increased from 2004 to 2005, and in January through February 2006
over the corresponding 2005 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 of the facts obtained in the
investigation, I determine that all workers of Flex-n-Gate
Oklahoma, L.L.C., Ada, Oklahoma, do not qualify as adversely
affected secondary workers and are denied eligibility to apply for
adjustment assistance under section 223(b) 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 4th day of April, 2006.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance