Petitioner Type: State
Impact Date:
Filed Date: 09/21/2007
Most Recent Update: 10/31/2007
Determination Date: 10/31/2007
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,184
MARK EYELET, INC.
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNECTICUT
TA-W-62,184A
OZZI II, INC., (DBA OC EYELET)
INCLUDING ON-SITE LEASED WORKERS OF
WATERTOWN, CONNECTICUT
Notice of Negative Determination
on Reconsideration
On January 7, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on January 16, 2008 (73 FR
2941).
The initial investigation resulted in a negative
determination based on the finding that imports of eyelet parts
and miniature stamping did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
The company official of the subject firm filed a request for
reconsideration and provided a list of customers which allegedly
are importing products.
On reconsideration the Department of Labor surveyed these
declining customers regarding their purchases of like or directly
competitive products with eyelet parts and miniature stampings
purchased from the subject firm in 2005, 2006, and during January
through September 2007 over the corresponding 2006 period. The
survey revealed that the customers did not import eyelet parts and
miniature stampings during the relevant period.
The petitioner also stated that the subject firm did not shift
production of eyelet parts and miniature stamping abroad, but the
customers of the subject firm shifted production of automotive and
electronic parts production to China, thus negatively impacting
production at the subject firm.
The fact that subject firm’s customers are shifting their
production abroad is not relevant to this investigation.
According to section (a)(2)(B) of the Trade Act, in order to be
eligible for TAA on the basis of a shift in production abroad,
the shift in production must be implemented by the subject firm
or its subdivision.
In this case, the subject firm did not import eyelet parts and
miniature stampings nor was there a shift in production from
subject firm abroad during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Mark
Eyelet, Inc., including on-site leased workers of Jaci Carroll
Staffing Watertown, Connecticut (TA-W-62,184) and Ozzi II, Inc.,
(dba OC Eyelet), including on-site leased workers of Jaci Carroll
Staffing, Watertown, Connecticut (TA-W-62,184A).
Signed at Washington, D.C. this 6th day of February, 2008.
/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-62,184
MARK EYELET, INC.
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNNECTICUT
TA-W-62,184A
OZZI II, INC. (DBA OC EYELET)
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNNECTICUT
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
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 September 22, 2007, in
response to a petition filed on behalf of workers at Mark Eyelet,
Inc., Watertown, Connecticut (TA-W-62,184), and at Ozzi II, Inc.
(dba OC Eyelet), Watertown, Connecticut (TA-W-62,184A). The worker
group also includes leased workers of Jaci Carroll Staffing working
on site at Mark Eyelet, Inc., Watertown, Connecticut, and at Ozzi
II, Inc. (dba OC Eyelet). The workers of the subject firms are
engaged in activities related to the production of eyelet parts and
miniature stamping.
Subject firms Mark Eyelet and Ozzi II, Inc. (dba OC Eyelet)
are commonly owned and share the same work premises, and Ozzi II
(dba OC Eyelet) also provides administrative support to Mark
Eyelet.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that Mark Eyelet and Ozzi II, Inc.
(dba OC Eyelet) did not import eyelet parts and miniature stamping
in 2005, 2006, or during January through August 2007.
Furthermore, the investigation revealed that neither Mark
Eyelet nor OC Eyelet shifted production of its eyelet parts and
miniature stamping abroad during the relevant period.
The investigation also revealed that the majority of the sales
losses experienced by the subject firm in 2006 as compared with
2005, and during the period January through August 2007 as compared
with the same period of the previous year, occurred in their export
sales and were unrelated to imports into the United States of
products like and directly competitive with those produced at the
subject facility.
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, I determine that workers of Mark Eyelet,
Inc. (TA-W-62,184), and of Ozzi II, Inc. (dba OC Eyelet) (TA-W-
62,184A), including on-site leased workers of Jaci Carroll
Staffing, Watertown, Connecticut, 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 31st day of October, 2007
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-62,184
MARK EYELET, INC.
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNECTICUT
TA-W-62,184A
OZZI II, INC., (DBA OC EYELET)
INCLUDING ON-SITE LEASED WORKERS OF
WATERTOWN, CONNECTICUT
Notice of Negative Determination
on Reconsideration
On January 7, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on January 16, 2008 (73 FR
2941).
The initial investigation resulted in a negative
determination based on the finding that imports of eyelet parts
and miniature stamping did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
The company official of the subject firm filed a request for
reconsideration and provided a list of customers which allegedly
are importing products.
On reconsideration the Department of Labor surveyed these
declining customers regarding their purchases of like or directly
competitive products with eyelet parts and miniature stampings
purchased from the subject firm in 2005, 2006, and during January
through September 2007 over the corresponding 2006 period. The
survey revealed that the customers did not import eyelet parts and
miniature stampings during the relevant period.
The petitioner also stated that the subject firm did not shift
production of eyelet parts and miniature stamping abroad, but the
customers of the subject firm shifted production of automotive and
electronic parts production to China, thus negatively impacting
production at the subject firm.
The fact that subject firm’s customers are shifting their
production abroad is not relevant to this investigation.
According to section (a)(2)(B) of the Trade Act, in order to be
eligible for TAA on the basis of a shift in production abroad,
the shift in production must be implemented by the subject firm
or its subdivision.
In this case, the subject firm did not import eyelet parts and
miniature stampings nor was there a shift in production from
subject firm abroad during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Mark
Eyelet, Inc., including on-site leased workers of Jaci Carroll
Staffing Watertown, Connecticut (TA-W-62,184) and Ozzi II, Inc.,
(dba OC Eyelet), including on-site leased workers of Jaci Carroll
Staffing, Watertown, Connecticut (TA-W-62,184A).
Signed at Washington, D.C. this 6th day of February, 2008.
/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-62,184
MARK EYELET, INC.
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNNECTICUT
TA-W-62,184A
OZZI II, INC. (DBA OC EYELET)
INCLUDING ON-SITE LEASED WORKERS OF
JACI CARROLL STAFFING
WATERTOWN, CONNNECTICUT
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
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 September 22, 2007, in
response to a petition filed on behalf of workers at Mark Eyelet,
Inc., Watertown, Connecticut (TA-W-62,184), and at Ozzi II, Inc.
(dba OC Eyelet), Watertown, Connecticut (TA-W-62,184A). The worker
group also includes leased workers of Jaci Carroll Staffing working
on site at Mark Eyelet, Inc., Watertown, Connecticut, and at Ozzi
II, Inc. (dba OC Eyelet). The workers of the subject firms are
engaged in activities related to the production of eyelet parts and
miniature stamping.
Subject firms Mark Eyelet and Ozzi II, Inc. (dba OC Eyelet)
are commonly owned and share the same work premises, and Ozzi II
(dba OC Eyelet) also provides administrative support to Mark
Eyelet.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that Mark Eyelet and Ozzi II, Inc.
(dba OC Eyelet) did not import eyelet parts and miniature stamping
in 2005, 2006, or during January through August 2007.
Furthermore, the investigation revealed that neither Mark
Eyelet nor OC Eyelet shifted production of its eyelet parts and
miniature stamping abroad during the relevant period.
The investigation also revealed that the majority of the sales
losses experienced by the subject firm in 2006 as compared with
2005, and during the period January through August 2007 as compared
with the same period of the previous year, occurred in their export
sales and were unrelated to imports into the United States of
products like and directly competitive with those produced at the
subject facility.
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, I determine that workers of Mark Eyelet,
Inc. (TA-W-62,184), and of Ozzi II, Inc. (dba OC Eyelet) (TA-W-
62,184A), including on-site leased workers of Jaci Carroll
Staffing, Watertown, Connecticut, 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 31st day of October, 2007
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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