DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,958

SEKELEY INDUSTRIES, INC.
INCLUDING ON-SITE WORKERS OF
STAFFRIGHT, BARTECH, AND ALLIANCE STAFFING
SALEM, OHIO

Notice of Revised Determination
on Reconsideration

On May 14, 2007, the Department of Labor (Department) issued
a Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance for the workers and former workers of Sekely
Industries, Inc., Salem, Ohio (subject firm). The Department’s
Notice of Negative Determination was published in the Federal
Register on June 6, 2007 (72 FR 31346). Workers produced
automotive dies until the subject firm ceased operation in
January 2007. The subject firm used temporary workers supplied
by Staffright, Bartech, and Alliance Staffing agencies.
The investigation revealed that Section 222(a)(2)(A)(I)(C)
and Section (a)(2)(B)(II)(B) of the Trade Act of 1974, as
amended, were not met.
The investigation revealed that the subject firm did not
increase its imports of dies or successfully shift its production
of automotive dies abroad during the relevant period. The
investigation also revealed no increased imports by the subject
firm’s major declining customers of like or directly competitive
dies accompanied by decreased subject firm purchases.
By application dated June 11, 2007, a worker requested
administrative reconsideration of the negative determination.
The request alleged that the subject firm shifted production to
an affiliated facility in China.
During the reconsideration investigation, the Department
confirmed that the subject firm did not shift production abroad.
The Department also received new information that revealed that,
during the relevant period, a major declining customer of the
subject firm replaced subject firm purchases with imported dies
that are like or directly competitive with those produced by the
subject firm.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.



Conclusion
After careful review of the new information obtained in the
reconsideration investigation, I determine that workers and
former workers of Sekely Industries, Inc., Salem, Ohio are
negatively impacted by increased imports of automotive dies like
or directly competitive with those produced by the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Sekely Industries, Inc., including on-site
temporary workers of Staffright, Bartech, and Alliance
Staffing, Salem, Ohio who became totally or partially
separated from employment on or after February 9, 2006,
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C. this 28th day of August 2007


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,958

SEKELY INDUSTRIES, INC.
SALEM, OHIO

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 February 13, 2007 in
response to a petition filed on behalf of workers of Sekely
Industries, Inc., Salem, Ohio. The workers produced auto dies.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject firm has ceased
operations and there were no company imports of auto dies, nor were
attempts to shift production from the Salem, Ohio plant to a
foreign country successful during the period under investigation.
The Department of Labor surveyed the subject firm’s major
customers regarding purchases of metal stamping dies in 2005, 2006,
and January through March 2007. The survey revealed no imports of
like or directly competitive auto dies accompanied by decreased
purchases from the subject firm in the relevant 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 all workers of Sekely
Industries, Inc., Salem, Ohio 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 14th day of May, 2007



/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance






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