DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,281

FORM TECH INDUSTRIES, LLC
CANAL FULTON, OHIO

Notice of Revised Determination
on Reconsideration

On June 27, 2007, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
will soon be published in the Federal Register.
The previous investigation initiated on April 11, 2007,
resulted in a negative determination issued on May 9, 2007, was
based on the finding that imports of machine parts, such as
shafts and sheaves for CVT transmissions did not contribute
importantly to worker separations at the subject firm and no
shift of production to a foreign source occurred. The denial
notice was published in the Federal Register on May 24, 2007 (72
FR 29182).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s declining
customers.
The Department requested additional list of customers from
the subject firm and conducted a survey of a major declining
customer regarding its purchases of like or directly competitive
products with machine parts, such as shafts and sheaves for CVT
transmission. It was revealed that the major declining customer
increased its reliance on imports of machine parts, such as
shafts and sheaves for CVT transmission while decreasing their
purchases from the subject firm during the relevant period. The
increases in imports accounted for a meaningful portion of the
subject plant’s lost sales.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Form Tech
Industries, LLC, Canal Fulton, Ohio, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Form Tech Industries, LLC, Canal Fulton,
Ohio, who became totally or partially separated from
employment on or after April 3, 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 in Washington, D.C. this 11th day of July 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-61,281

FORM TECH INDUSTRIES LLC
CANAL FULTON, OHIO

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 April 11, 2007 in
response to a petition filed by a company official on behalf of
workers at Form Tech Industries LLC, Canal Fulton, Ohio. The
workers produced machine parts such as shafts and sheaves for CVT
transmissions.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with machine parts such as shafts and sheaves for CVT
transmissions, nor did it shift production abroad during the
relevant period.
The Department of Labor conducted a survey of the major
customer of the subject firm regarding its purchases of machine


parts such as shafts and sheaves for CVT transmissions during
2005 and 2006 and January through March 2007 over the
corresponding 2006 period. The survey revealed no imports of
machine parts during 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 assis-
tance (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 Form
Tech Industries LLC, Canal Fulton, 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 9th day of May 2007.



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






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