DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,752

DYNAMERICA MANUFACTURING, LLC
MUNCIE, INDIANA

Notice of Negative Determination
on Reconsideration

On April 1, 2008, 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 April 11, 2008 (73 FR
19896).
The initial investigation resulted in a negative
determination based on the finding that criteria I.B. and II.B.
have not been met. There were no plant sales or production
declines nor was there as shift in production from the subject
firm abroad.
In the request for reconsideration the petitioner stated
that he did not have exact knowledge of the subject firm’s sales
or production, but alleged that “DynAmerica was and still is
struggling financially” and provided a history of the declining
employment at the subject firm.
On reconsideration, the Department contacted a company
official to address these allegations. The official confirmed
the accuracy of the statements released by the subject firm in
the initial investigation regarding sales and production at
Dynamerica Manufacturing LLC, Muncie, Indiana. Furthermore, the
company official provided additional financial documentation
supporting the facts that sales and production at the subject
firm increased from 2006 to 2007.
The petitioner further stated that the subject firm acquired
a facility in Mexico and alleged that production has been shifted
from Muncie facility to Mexico. In particular, the petitioner
alleged, that the subject firm “shipped presses and multislides
to Mexico and the dies to make parts that they were running at
DynAmerica.”
The company official stated that Dynamerica Manufacturing
LLC manufactures metal stampings in the plant in Mexico. The
official emphasized that metal stampings manufactured in Mexico
are not like or directly competitive with automotive safety
components manufactured at Muncie plant.
Furthermore, the company official stated that there was no
shift in production of automotive safety components from
Dynamerica Manufacturing LLC, Muncie, Indiana to Mexico in 2006
and 2007. The machinery mentioned by the petitioner in the
request for reconsideration were purchased by Dynamerica
specifically for its Mexican facility. The documentation shows
that this machinery was shipped to Muncie plant for maintenance,
safety and fit of tooling prior to being shipped to Mexico.
“Once the tool was debugged in the press, the tool and press was
shipped Mexico.” The official stated that the reason for the
workers separations is related to a domestic shift in plant
production.
The investigation on reconsideration revealed that sales and
production and the subject firm increased from 2006 to 2007 and
that there was no shift in production abroad of articles like or
directly competitive with the products manufactured by workers of
the subject firm.
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
Dynamerica Manufacturing, LLC, Muncie, Indiana.

Signed at Washington, D.C. this 17th day of April, 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-62,752

DYNAMERICA MANUFACTURING LLC
MUNCIE, INDIANA

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 January 28, 2008, in
response to a petition filed on behalf of workers of DynAmerica
Manufacturing LLC, Muncie, Indiana. The workers produce automotive
safety components.
The investigation revealed that criteria I.B and II.B have not
been met.
There were no declines in sales or production at the subject
firm in 2007 compared with 2006. Imports of like or directly
competitive products did not contribute importantly to worker
separations at the subject firm.
Although the company operates facilities abroad, there was no
production shift to any foreign location during the relevant
period. The dominant cause of layoffs was the transfer of the new
tool build to another plant located domestically.
The investigation also revealed that the subject firm did not
supply significant amounts of component parts to customers whose
workers have received a primary certification for adjustment
assistance eligibility. Thus workers of the subject firm do not
qualify as secondarily affected.
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 of the facts obtained in the
investigation, I determine that all workers of DynAmerica
Manufacturing LLC, Muncie, Indiana 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 20th day of February 2008


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







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