DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,284

CONTINENTAL STRUCTURAL PLASTICS
PETOSKEY, MICHIGAN

Notice of Revised Determination
on Reconsideration

On June 20, 2007, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on July 11, 2007 (72 FR
37800).
The previous investigation initiated on April 11, 2007,
resulted in a negative determination issued on May 16, 2007, was
based on the finding that imports of plastic automotive parts 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
30, 2007 (72 FR 30033).
In the request for reconsideration, the petitioner provided
additional information regarding the impact of foreign trade on
production and employment at the subject firm.
Upon further review of the initial investigation, the
Department requested additional list of customers from the
subject firm. The new information revealed that Continental
Structural Plastics, Petoskey, Michigan supplied plastic
automotive parts that were used in the production of passenger
vehicles, and a loss of business with domestic manufacturers
(whose workers were certified eligible to apply for adjustment
assistance) contributed importantly to the workers separation or
threat of separation.
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 determine that workers of Continental
Structural Plastics, Petoskey, Michigan qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Structural Plastics, Petoskey, Michigan, who
became totally or partially separated from employment on or
after March 20, 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 also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 19th 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-61,284

CONTINENTAL STUCTURAL PLASTICS
PETOSKEY, 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 11, 2007 in response
to a petition filed by a company official on behalf of workers of
Continental Structural Plastics, Petoskey, Michigan. The workers
produce plastic automotive parts.
The investigation revealed that criteria I.C and II.B have not
been met.
There was no production shift from the subject firm to any
foreign source, nor did the subject firm import products like those
it manufactures.
The Department of Labor surveyed the largest customers of
the subject firm regarding their purchases of plastic automotive
parts. The survey revealed that increases in imports of like or
directly competitive products were not significant compared with
the subject firm’s overall sales and sales declines in 2006 and
the first quarter of 2007. And customers that imported at all
shifted their purchases much more substantially to other domestic
sources.
Additionally, potential customers to whom bids were
submitted by the subject firm reported that bids were awarded to
other U.S. manufacturers.
In accordance with Section 246 of 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 Continental
Structural Plastics, Petoskey, 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 16th day of May 2007


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







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