Petitioner Type: State
Impact Date: 10/03/2007
Filed Date: 10/14/2008
Most Recent Update: 12/15/2008
Determination Date: 12/15/2008
Expiration Date: 01/06/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,218
TRILOGY FINISHING, INC.
DETROIT, MICHIGAN
Notice of Revised Determination
On Reopening
On January 5, 2009, the Department, on its own motion,
reopened its investigation for workers and former workers of the
subject firm. Trilogy Finishing, Inc. in Detroit, Michigan is
comprised of the Office and Buffing Plant and the Plating Plant.
The initial investigation resulted in a negative
determination issued on December 15, 2008, based on the finding
that there were no increased imports of articles like or directly
competitive with buffed, polished and/or nickel-plated metal
parts produced by Trilogy Finishing, Inc., nor did the firm shift
that production to a foreign country. Since the workers were
denied eligibility to apply for trade adjustment assistance (TAA)
they were also denied eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers. The notice will
be published soon in the Federal Register.
After the decision was issued, the Department received a
response to the survey conducted for the primary customers of
Trilogy Finishing, Inc., Detroit, Michigan, regarding their
purchases of buffed, polished and/or nickel-chrome plated metal
parts (including like or directly competitive articles) in 2006,
2007, and January through September of 2007 and 2008. This late
survey response showed that the customer increased import
purchases while reducing purchases from the subject firm.
There were declines in employment and production at Trilogy
Finishing, Inc., Detroit, Michigan, during the relevant period.
Based on these findings, it is determined in this case that
the requirements of (a)(2)(A) of Section 222 have been met.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
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.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that increased imports of articles
like or directly competitive with buffed, polished and/or nickel-
chrome plated metal parts produced by Trilogy Finishing, Inc.,
Detroit, Michigan, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Trilogy Finishing, Inc., Detroit, Michigan,
who became totally or partially separated from employment on
or after October 3, 2007 through two years from the date of
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C., this 6th day of January 2009.
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,218
TRILOGY FINISHING, INC.
DETROIT, MICHIGAN
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 October 14, 2008 in
response to a petition filed by a state agency representative on
behalf of workers at Trilogy Finishing, Inc., Detroit, Michigan.
The workers are engaged in nickel chrome plating, buffing and
polishing. Workers are not separately identifiable by product or
task.
Trilogy Finishing, Inc. consists of the Office and Buffing
Plant and the Plating Plant. Both plants are the subject of this
investigation and the workers are not separately identifiable by
plant.
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 buffed, polished and/or
nickel-plated metal parts, nor did it shift production to a foreign
country during the relevant period.
The Department of Labor surveyed the subject firm’s primary
domestic customers regarding purchases of buffed, polished and/or
nickel-plated metal parts in 2006, 2007 and January through
September of 2007 and 2008. The survey revealed no imports by the
customers 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 Trilogy Finishing,
Inc., Detroit, 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 15th day of December 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
7
Employment and Training Administration
TA-W-64,218
TRILOGY FINISHING, INC.
DETROIT, MICHIGAN
Notice of Revised Determination
On Reopening
On January 5, 2009, the Department, on its own motion,
reopened its investigation for workers and former workers of the
subject firm. Trilogy Finishing, Inc. in Detroit, Michigan is
comprised of the Office and Buffing Plant and the Plating Plant.
The initial investigation resulted in a negative
determination issued on December 15, 2008, based on the finding
that there were no increased imports of articles like or directly
competitive with buffed, polished and/or nickel-plated metal
parts produced by Trilogy Finishing, Inc., nor did the firm shift
that production to a foreign country. Since the workers were
denied eligibility to apply for trade adjustment assistance (TAA)
they were also denied eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers. The notice will
be published soon in the Federal Register.
After the decision was issued, the Department received a
response to the survey conducted for the primary customers of
Trilogy Finishing, Inc., Detroit, Michigan, regarding their
purchases of buffed, polished and/or nickel-chrome plated metal
parts (including like or directly competitive articles) in 2006,
2007, and January through September of 2007 and 2008. This late
survey response showed that the customer increased import
purchases while reducing purchases from the subject firm.
There were declines in employment and production at Trilogy
Finishing, Inc., Detroit, Michigan, during the relevant period.
Based on these findings, it is determined in this case that
the requirements of (a)(2)(A) of Section 222 have been met.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
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.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that increased imports of articles
like or directly competitive with buffed, polished and/or nickel-
chrome plated metal parts produced by Trilogy Finishing, Inc.,
Detroit, Michigan, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Trilogy Finishing, Inc., Detroit, Michigan,
who became totally or partially separated from employment on
or after October 3, 2007 through two years from the date of
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C., this 6th day of January 2009.
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,218
TRILOGY FINISHING, INC.
DETROIT, MICHIGAN
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 October 14, 2008 in
response to a petition filed by a state agency representative on
behalf of workers at Trilogy Finishing, Inc., Detroit, Michigan.
The workers are engaged in nickel chrome plating, buffing and
polishing. Workers are not separately identifiable by product or
task.
Trilogy Finishing, Inc. consists of the Office and Buffing
Plant and the Plating Plant. Both plants are the subject of this
investigation and the workers are not separately identifiable by
plant.
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 buffed, polished and/or
nickel-plated metal parts, nor did it shift production to a foreign
country during the relevant period.
The Department of Labor surveyed the subject firm’s primary
domestic customers regarding purchases of buffed, polished and/or
nickel-plated metal parts in 2006, 2007 and January through
September of 2007 and 2008. The survey revealed no imports by the
customers 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 Trilogy Finishing,
Inc., Detroit, 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 15th day of December 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
7