Petitioner Type: Union
Impact Date: 04/14/2007
Filed Date: 04/16/2008
Most Recent Update: 07/25/2008
Determination Date: 07/25/2008
Expiration Date: 09/15/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,192
SHILOH INDUSTRIES
LIVERPOOL MANUFACTURING DIVISION
VALLEY CITY, OHIO
Notice of Revised Determination
on Reconsideration
On July 25, 2008, the Department issued a negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of
Shiloh Industries, Liverpool Manufacturing Division, Valley City,
Ohio (subject firm). The Notice of determination was published
in the Federal Register on August 12, 2008 (73 FR 46924).
The petition for TAA and ATAA, dated April 14, 2008, was
filed on behalf of the subject worker group by a representative
of the International Union, United Automobile, Aerospace and
Agricultural Implement Workers of American - United Auto Workers,
Region 2-B (Union). The subject worker group produces automotive
stampings and weldments (a unit formed by welding together an
assembly of pieces). Workers are not separately identifiable by
product line.
The negative determination stated that the subject firm did
not import automotive stampings and weldments in 2006 through
March 2008, and did not shift production to a foreign country
during the relevant period. The Department’s survey of the
subject firm’s largest customers revealed that no customer which
contributed significantly to the subject firm’s sales decline
increased its imports during the relevant period. U.S. aggregate
imports of motor vehicle metal stampings decreased in January
through May 2008 compared with the corresponding 2007 period.
The request for reconsideration alleges that the subject
firm out-sourced to a foreign company the production of valve
covers (a specific type of automotive stamping) and that the
subject firm “may have lost work” to another domestic company,
and that this domestic competitor “may be TAA eligible.”
A careful review of previously-submitted information
revealed that the Department investigated whether the subject
firm had shifted production of automotive stampings or weldments
to a foreign country or have scheduled any such shift, and that
the subject firm did not and is not scheduled to shift
production. The review also revealed that a major declining
customer increased their reliance on foreign-produced automotive
stampings while decreasing purchases from the subject firm.
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 facts obtained during the
reconsideration investigation, I determine that increases of
imports of articles like or directly competitive with automotive
stampings produced at the subject firm contributed importantly to
the total or partial separation of the subject workers and to the
decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Shiloh Industries, Liverpool Manufacturing
Division, Valley City, Ohio, who became totally or partially
separated from employment on or after April 14, 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 15th day of September 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-63,192
SHILOH INDUSTRIES
LIVERPOOL MANUFACTURING DIVISION
VALLEY CITY, OHIO
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 March 19, 2008 in response
to a petition filed by a company official on behalf of workers of
Shiloh Industries, Liverpool Manufacturing Division, Valley City,
Ohio. The workers produce automotive stampings and weldments.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import automotive stampings and
weldments in 2006 through March 2008, nor did it shift production
to a foreign country in that period.
The Department of Labor surveyed the subject firm’s largest
customers regarding their purchases of automotive stampings and
weldments in January to March 2007/2008. The survey revealed that
no customer which contributed significantly to the subject firm’s
sales decline increased its imports during the relevant period.
Customers showed increased reliance on purchases from other
domestic firms.
United States aggregate imports of motor vehicle metal
stampings decreased in January through May 2008 compared with the
same period in 2007.
The petitioner alleges that customers (auto manufacturers) are
now sourcing stampings and weldmonts abroad following the customers
shifting of their production of automobiles overseas. Although
automobiles using components manufactured abroad may be imported,
it is automobiles that are imported, and automobiles are not like
or directly competitive with automotive stampings and weldments.
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 Shiloh Automotive,
Liverpool Manufacturing Division, Valley City, Ohio 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 25th day of July 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-63,192
SHILOH INDUSTRIES
LIVERPOOL MANUFACTURING DIVISION
VALLEY CITY, OHIO
Notice of Revised Determination
on Reconsideration
On July 25, 2008, the Department issued a negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of
Shiloh Industries, Liverpool Manufacturing Division, Valley City,
Ohio (subject firm). The Notice of determination was published
in the Federal Register on August 12, 2008 (73 FR 46924).
The petition for TAA and ATAA, dated April 14, 2008, was
filed on behalf of the subject worker group by a representative
of the International Union, United Automobile, Aerospace and
Agricultural Implement Workers of American - United Auto Workers,
Region 2-B (Union). The subject worker group produces automotive
stampings and weldments (a unit formed by welding together an
assembly of pieces). Workers are not separately identifiable by
product line.
The negative determination stated that the subject firm did
not import automotive stampings and weldments in 2006 through
March 2008, and did not shift production to a foreign country
during the relevant period. The Department’s survey of the
subject firm’s largest customers revealed that no customer which
contributed significantly to the subject firm’s sales decline
increased its imports during the relevant period. U.S. aggregate
imports of motor vehicle metal stampings decreased in January
through May 2008 compared with the corresponding 2007 period.
The request for reconsideration alleges that the subject
firm out-sourced to a foreign company the production of valve
covers (a specific type of automotive stamping) and that the
subject firm “may have lost work” to another domestic company,
and that this domestic competitor “may be TAA eligible.”
A careful review of previously-submitted information
revealed that the Department investigated whether the subject
firm had shifted production of automotive stampings or weldments
to a foreign country or have scheduled any such shift, and that
the subject firm did not and is not scheduled to shift
production. The review also revealed that a major declining
customer increased their reliance on foreign-produced automotive
stampings while decreasing purchases from the subject firm.
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 facts obtained during the
reconsideration investigation, I determine that increases of
imports of articles like or directly competitive with automotive
stampings produced at the subject firm contributed importantly to
the total or partial separation of the subject workers and to the
decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Shiloh Industries, Liverpool Manufacturing
Division, Valley City, Ohio, who became totally or partially
separated from employment on or after April 14, 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 15th day of September 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-63,192
SHILOH INDUSTRIES
LIVERPOOL MANUFACTURING DIVISION
VALLEY CITY, OHIO
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 March 19, 2008 in response
to a petition filed by a company official on behalf of workers of
Shiloh Industries, Liverpool Manufacturing Division, Valley City,
Ohio. The workers produce automotive stampings and weldments.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import automotive stampings and
weldments in 2006 through March 2008, nor did it shift production
to a foreign country in that period.
The Department of Labor surveyed the subject firm’s largest
customers regarding their purchases of automotive stampings and
weldments in January to March 2007/2008. The survey revealed that
no customer which contributed significantly to the subject firm’s
sales decline increased its imports during the relevant period.
Customers showed increased reliance on purchases from other
domestic firms.
United States aggregate imports of motor vehicle metal
stampings decreased in January through May 2008 compared with the
same period in 2007.
The petitioner alleges that customers (auto manufacturers) are
now sourcing stampings and weldmonts abroad following the customers
shifting of their production of automobiles overseas. Although
automobiles using components manufactured abroad may be imported,
it is automobiles that are imported, and automobiles are not like
or directly competitive with automotive stampings and weldments.
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 Shiloh Automotive,
Liverpool Manufacturing Division, Valley City, Ohio 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 25th day of July 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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