DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,791

JAQUART FABRIC PRODUCTS INCORPORATED
IRONWOOD, MICHIGAN

Notice of Revised Determination
on Reconsideration

On March 31, 2008, the Department of Labor (Department)
received a request for administrative reconsideration of the
Department’s notice of determination regarding workers’
eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Adjustment Assistance (ATAA) applicable to workers
and former workers of Jacquart Fabric Products Incorporated,
Ironwood, Michigan (the subject firm). The Department’s Notice
of negative determination was published in the Federal Register
on March 7, 2008 (73 FR 12466). Workers are engaged in activity
related to the production of motorcycle seats.
The determination was based on the Department’s findings
that subject firm sales and production increased in 2007 as
compared to 2006; the subject firm did not import motorcycle
seats; and the subject firm did not shift production abroad. The
determination did not indicate whether the subject firm supplied
component parts for articles produced by a firm with a currently
TAA-certified worker group or assembled or finished articles
provided by a firm with a currently TAA-certified worker group.
In the request for reconsideration, a representative of the
State of Michigan Department of Labor and Economic Growth
asserted that the subject firm produces motorcycle seats for a
TAA-certified company (primary firm) and that the subject workers
are eligible to apply for TAA as secondarily-affected workers.
In order to receive a secondary certification, a significant
number or proportion of workers in the subject firm have been, or
are threatened to become, totally or partially separated and that
the subject firm is a supplier or downstream producer (finisher
or assembler) to a firm that employed a group of workers who
received a TAA certification, and such supply or production is
related to the article that was the basis for such certification.
In addition, if the subject firm is a supplier to a TAA-
certified company, either the component parts supplied to that
company must account for at least 20 percent of the subject
firm’s sales or production, or a loss of business by the subject
firm with the TAA-certified firm contributed importantly to the
petitioning workers’ separations or threat of separation; and, if
the subject firm is a downstream producer, the TAA certification
of the primary firm must be based on a shift of production to
Canada or Mexico or import impact from Canada or Mexico and a
loss of business by the subject firm with the TAA-certified firm
contributed importantly to the petitioning workers’ separations
or threat of separation.
On reconsideration, the Department confirmed that a
significant number or proportion of the workers in the subject
firm has become totally separated or partially separated.
Based on new and additional information provided by the
subject firm and the primary firm during the reconsideration
investigation, the Department determines that the subject workers
produced upholstered seat cushions; that the subject firm
supplied these articles to MILSCO Manufacturing Company, A Unit
of Jason Incorporation, Milwaukee, Wisconsin (TAA certified on
November 27, 2007; TA-W-62,382); that the supply of upholstered
seat cushions is related to the motorcycle seats that are the
basis for the primary firm workers’ certification; and the
component part it supplied to the firm (or subdivision) accpunted
for at least 20 percent of the production or sales of the workers
firm.
Based on the afore-mentioned information, the Department
determines that the petitioning worker group has satisfied the
requirements for secondary TAA certification.
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
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that workers and
former workers of Jacquart Fabric Products Incorporated,
Ironwood, 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 Jacquart Fabric Products Incorporated,
Ironwood, Michigan, who became totally or partially
separated from employment on or after January 31, 2007,
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 7th day of May 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-62,791

JACQUART FABRIC PRODUCTS INCORPORATED
IRONWOOD, MICHIGAN

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:
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 November 16, 2007 in
response to a petition filed by a company official on behalf of
workers of Jacquart Fabric Products Incorporated, Ironwood,
Michigan. The workers produce motorcycle seats. Workers are
separately identifiable by product.
The investigation revealed that criterion (a)(2)(A)(I.B.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that sales and production of
motorcycle seats increased in full year 2007 as compared to 2006.
The investigation revealed that the subject firm did not
import or shift production of motorcycle seats to a foreign country
during the relevant period.
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 Jacquart Fabric
Products Incorporated, Ironwood, 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 21st day of February 2008.


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







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