DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,228

FORM TOOLS, INC.
JACKSON, MICHIGAN

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 April 2, 2007, in
response to a petition filed on behalf of the workers of
Form Tools, Inc., Jackson, Michigan. The workers are
engaged in the production of cutting tools (i.e. dovetails,
drills, reamers, recess and insert tools) for screw
machines and the aerospace industry.
The petitioners indicated that the firm supplied
component parts for finished articles to firm's whose
workers were certified eligible to apply for adjustment
assistance. While cutting tools may be necessary for the
production of some articles, they cannot be considered a
component of a finished article. Therefore, the Department
investigated the petition to determine if the workers could
be certified under the worker group eligibility
requirements of a primary firm, as described above, under
Section 222(a) of the Trade Act.
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met for
workers of the subject firm.
The investigation revealed that subject firm did not
shift the production of cutting tools (i.e. dovetails,
drills, reamers, recess and insert tools) to a foreign
country, nor did the subject firm import cutting tools
(i.e. dovetails, drills, reamers, recess and insert tools)
from a foreign country.
The Department of Labor surveyed the subject firm's
major declining customers regarding their purchases of
cutting tools (i.e. dovetails, drills, reamers, recess and
insert tools) during 2005, 2006, and from January through
April 2007 compared to the corresponding 2006 period. The
surveys determined that the customers did not cutting tools
(i.e. dovetails, drills, reamers, recess and insert tools)
during the relevant period.
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 Form
Tools, Inc., Jackson, Michigan 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 2nd day of May, 2007.


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