DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,710

OXBOW MACHINE PRODUCTS
INCLUDING ON-SITE LEASED WORKERS OF
TKO STAFFING, 3-D PERSONNEL, AND BATTON TECHNICAL
LIVONIA, MICHIGAN

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, 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 July 13, 2006 in response
to a petition filed on behalf of workers at Oxbow Machine Products,
Inc., Livonia, Michigan. The workers produce fixtures for the
automotive industry.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C), and (a)(2)(B)(II.B) were not met.
The investigation revealed that subject firm sales and
production of fixtures for the automotive industry increased from
2004 to 2005 and again during the period of January through June
2006 over the corresponding 2005 period. Also, the investigation
revealed that the subject firm did not report a declining customer
base during the relevant period.
Moreover, the subject firm did not import fixtures for the
automotive industry, nor did it shift production to a foreign
country during 2004, 2005 or the period of January through June
2006.
The investigation revealed that the subject firm also leased
workers on-site from TKO Staffing, 3-D Personnel, and Batton
Technical to produce fixtures for the auto industry.
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, I determine that
all workers of Oxbow Machine Products, Inc., including on-site
leased workers of TKO Staffing, 3-D Personnel, and Batton
Technical, Livonia, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of August 2006.


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