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TAW-61867  /  Non-Metallic Components, Inc. (Rib Lake, WI)

Petitioner Type: Workers
Impact Date: 07/18/2006
Filed Date: 07/24/2007
Most Recent Update: 09/19/2007
Determination Date: 09/19/2007
Expiration Date: 11/30/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,867

NON-METALLIC COMPONENTS, INC.
RIB LAKE, WISONSIN

Notice of Revised Determination
on Reconsideration

On November 8, 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 November 16, 2007 (72 FR
64685).
The previous investigation initiated on July 24, 2007,
resulted in a negative determination issued on September 19,
2007, was based on the finding that imports of custom injection
molded plastic parts did not contribute importantly to worker
separations at the subject firm and no shift in production to
countries that are Party to a Free Trade Agreements with the
United States or beneficiary countries occurred. The denial
notice was published in the Federal Register on October 3, 2007
(72 FR 56385).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s declining
customers.
Based on the new information, the Department conducted a
survey of a major declining customer regarding its purchases of
like or directly competitive products with plastic parts
manufactured by the subject firm. The survey revealed that the
major declining customer increased imports of plastic parts
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 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 Non-Metallic
Components, Inc., Rib Lake, Wisconsin, 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 Non-Metallic Components, Inc., Rib Lake,
Wisconsin, who became totally or partially separated from
employment on or after July 18, 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 30th day of November 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-61,867

NON-METALLIC COMPONENTS, INC.
RIB LAKE, WISCONSIN

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:
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;
1. 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
2. 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 July 24, 2007 in response
to a petition filed on behalf of workers of Non-Metallic
Components, Inc., Rib Lake, Wisconsin. The workers produce custom
injection molded plastic parts.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) have not been met.
The investigation revealed employment and production at the
subject firm declined from 2005 to 2006 and in January through June
2007 compared with the same period in 2006.
The subject firm did not import anything like or directly
competitive with custom injection molded plastic parts.
The worker separations at the subject firm are attributable to
a shift to China of a portion of the custom injection molded
plastic parts production. However, custom injection molded plastic
parts produced in China will not be imported to the United States.
The subject firm is transferring the remaining production to
other domestic locations of the firm.
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 of the facts obtained in the
investigation, I determine that all workers of Non-Metallic
Components, Inc., Rib Lake, Wisconsin, 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 19th day of September 2007


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





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