Petitioner Type: Company
Impact Date: 05/16/2006
Filed Date: 05/17/2007
Most Recent Update: 10/16/2007
Determination Date: 10/16/2007
Expiration Date: 08/23/2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,530
TRACK CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
FORGE INDUSTRIAL AND
MANPOWER, INC.
SPRING LAKE, MICHIGAN
Amended Notice of Revised Determination
On Reconsideration
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on August 23, 2007. The
notice was published in the Federal Register on August 30, 2007
(72 FR 50128).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers are engaged in the
production of seat adjusters for the automotive industry and
public seating for stadiums and theaters. The workers are
separately identifiable by product line. The TAA/ATAA petition
was filed on behalf of workers engaged in the production of seat
adjusters.
New information shows that leased workers of Manpower, Inc.
were employed on-site at the Spring Lake, Michigan location of
Track Corporation. The Department has determined that these
workers were sufficiently under the control of Track Corporation
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Manpower, Inc. working
on-site at the Spring Lake, Michigan location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Track Corporation, Spring Lake, Michigan
who were adversely-impacted by increased imports of seat
adjusters.
The amended notice applicable to TA-W-61,530 is hereby
issued as follows:
"All workers of Track Corporation, including on-site
leased workers of Forge Industrial and Manpower, Inc.,
Spring Lake, Michigan, engaged in the production of
seat adjusters, who became totally or partially
separated from employment on or after May 16, 2006,
through August 23, 2009, 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 at Washington, D.C. this 16th day of October 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-61,530
TRACK CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
FORGE INDUSTRIAL
SPRING LAKE, MICHIGAN
Notice of Revised Determination
on Reconsideration
On June 18, 2007, the Department of Labor (Department)
issued a Negative Determination Regarding Eligibility to Apply
for Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance applicable to the Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA) petition filed
by a company official on behalf of workers and former workers of
Track Corporation, Spring Lake, Michigan (subject firm). The
Department’s Notice of negative determination was published in
the Federal Register on July 9, 2007 (72 FR 37266). The subject
firm produces seat adjusters for the automotive industry and
public seating for stadiums and theaters. Workers are separately
identifiable by product line. The TAA/ATAA petition was filed on
behalf of workers engaged in the production of seat adjusters.
The negative determination was based on the Department’s
findings that the subject firm did not shift production of seat
adjusters abroad and does not import seat adjusters. A survey
revealed that the subject firm’s major customer did not import
seat adjusters during the relevant period.
By letter dated July 16, 2007, a company official requested
administrative reconsideration of the Department’s negative
determination. The request for reconsideration stated that the
subject firm’s major customer replaced subject firm purchases
with imported seat adjusters.
During the reconsideration investigation, the Department
carefully reviewed the administrative file, contacted the company
official for clarification, and contacted the subject firm’s
major customer for more information about its import purchases.
Previously-submitted information revealed that subject firm
sales, production, and employment levels declined during the
relevant period. Information obtained during the reconsideration
investigation revealed that the subject firm’s major customer
began using foreign-made seat adjusters in 2006 and replacing
subject firm purchases with foreign-made seat adjusters during
2007.
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. Workers possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
initial and reconsideration investigations, I determine that the
subject workers are adversely-impacted by increased imports of
articles like or directly competitive with those produced at the
subject firm. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Track Corporation, including on-site workers
of Forge Industrial, Spring Lake, Michigan, engaged in the
production of seat adjusters, who became totally or
partially separated from employment on or after May 16, 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 23rd 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-61,530
TRACK CORP
SPRING LAKE, 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 May 17, 2007, in response
to a petition filed by a company official on behalf of the workers
of Track Corp, Spring Lake, Michigan. The workers are engaged in
the production of seat adjusters for the automotive industry and
public seating for stadiums and theaters; they are separately
identifiable by product line. The petition was filed on behalf of
the workers engaged in the production of seat adjusters.
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 the subject firm did not shift
production of seat adjusters from the Spring Lake, Michigan plant
to a foreign country.
Furthermore, the subject firm does not import seat adjusters.
The Department of Labor surveyed the major declining customer
of the subject firm regarding its purchases of seat adjusters in
2005, 2006, and in January through April 2007. The survey revealed
that that the customer did not purchase imports of seat adjusters
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 Track Corp,
Spring Lake, Michigan, are denied eligibility to apply for adjust-
ment 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 18th day of June, 2007.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-61,530
TRACK CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
FORGE INDUSTRIAL AND
MANPOWER, INC.
SPRING LAKE, MICHIGAN
Amended Notice of Revised Determination
On Reconsideration
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on August 23, 2007. The
notice was published in the Federal Register on August 30, 2007
(72 FR 50128).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers are engaged in the
production of seat adjusters for the automotive industry and
public seating for stadiums and theaters. The workers are
separately identifiable by product line. The TAA/ATAA petition
was filed on behalf of workers engaged in the production of seat
adjusters.
New information shows that leased workers of Manpower, Inc.
were employed on-site at the Spring Lake, Michigan location of
Track Corporation. The Department has determined that these
workers were sufficiently under the control of Track Corporation
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Manpower, Inc. working
on-site at the Spring Lake, Michigan location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Track Corporation, Spring Lake, Michigan
who were adversely-impacted by increased imports of seat
adjusters.
The amended notice applicable to TA-W-61,530 is hereby
issued as follows:
"All workers of Track Corporation, including on-site
leased workers of Forge Industrial and Manpower, Inc.,
Spring Lake, Michigan, engaged in the production of
seat adjusters, who became totally or partially
separated from employment on or after May 16, 2006,
through August 23, 2009, 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 at Washington, D.C. this 16th day of October 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-61,530
TRACK CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
FORGE INDUSTRIAL
SPRING LAKE, MICHIGAN
Notice of Revised Determination
on Reconsideration
On June 18, 2007, the Department of Labor (Department)
issued a Negative Determination Regarding Eligibility to Apply
for Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance applicable to the Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA) petition filed
by a company official on behalf of workers and former workers of
Track Corporation, Spring Lake, Michigan (subject firm). The
Department’s Notice of negative determination was published in
the Federal Register on July 9, 2007 (72 FR 37266). The subject
firm produces seat adjusters for the automotive industry and
public seating for stadiums and theaters. Workers are separately
identifiable by product line. The TAA/ATAA petition was filed on
behalf of workers engaged in the production of seat adjusters.
The negative determination was based on the Department’s
findings that the subject firm did not shift production of seat
adjusters abroad and does not import seat adjusters. A survey
revealed that the subject firm’s major customer did not import
seat adjusters during the relevant period.
By letter dated July 16, 2007, a company official requested
administrative reconsideration of the Department’s negative
determination. The request for reconsideration stated that the
subject firm’s major customer replaced subject firm purchases
with imported seat adjusters.
During the reconsideration investigation, the Department
carefully reviewed the administrative file, contacted the company
official for clarification, and contacted the subject firm’s
major customer for more information about its import purchases.
Previously-submitted information revealed that subject firm
sales, production, and employment levels declined during the
relevant period. Information obtained during the reconsideration
investigation revealed that the subject firm’s major customer
began using foreign-made seat adjusters in 2006 and replacing
subject firm purchases with foreign-made seat adjusters during
2007.
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. Workers possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
initial and reconsideration investigations, I determine that the
subject workers are adversely-impacted by increased imports of
articles like or directly competitive with those produced at the
subject firm. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Track Corporation, including on-site workers
of Forge Industrial, Spring Lake, Michigan, engaged in the
production of seat adjusters, who became totally or
partially separated from employment on or after May 16, 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 23rd 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-61,530
TRACK CORP
SPRING LAKE, 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 May 17, 2007, in response
to a petition filed by a company official on behalf of the workers
of Track Corp, Spring Lake, Michigan. The workers are engaged in
the production of seat adjusters for the automotive industry and
public seating for stadiums and theaters; they are separately
identifiable by product line. The petition was filed on behalf of
the workers engaged in the production of seat adjusters.
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 the subject firm did not shift
production of seat adjusters from the Spring Lake, Michigan plant
to a foreign country.
Furthermore, the subject firm does not import seat adjusters.
The Department of Labor surveyed the major declining customer
of the subject firm regarding its purchases of seat adjusters in
2005, 2006, and in January through April 2007. The survey revealed
that that the customer did not purchase imports of seat adjusters
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 Track Corp,
Spring Lake, Michigan, are denied eligibility to apply for adjust-
ment 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 18th day of June, 2007.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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