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TAW-71458  /  FormTech Industries, LLC (Detroit, MI)

Petitioner Type: Union
Impact Date: 06/26/2008
Filed Date: 06/29/2009
Most Recent Update: 11/05/2009
Determination Date: 11/05/2009
Expiration Date: 11/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,458

FORM TECH INDUSTRIES LLC
DETROIT, MICHIGAN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on June 29, 2009 by the United Automobile, Aerospace and
Agricultural Implement Workers of America, Local 174 on behalf
of the workers of Form Tech Industries, LLC, Detroit, Michigan
(Form Tech Industries, LLC). The workers are engaged in
activities related to the production of warm form automotive
gears, cold form couplings, slugs and cups, and cold form ball
joint sockets. The workers are not separately identifiable by
product.
The investigation further revealed that workers of Form
Tech Industries, LLC, Detroit, Michigan who are engaged in
employment related to the production of warm form automotive
gears, cold form couplings, slugs and cups, and cold form ball
joint sockets meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of warm form automotive gears, cold form
couplings, slugs and cups, and cold form ball joint sockets by
the subject firm decreased during the period under
investigation.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with warm form automotive
gears, cold form couplings, slugs and cups, and cold form ball
joint sockets produced by Form Tech Industries, LLC have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of warm form automotive gears, cold form
couplings, slugs and cups, and cold form ball joint sockets
during the relevant period. The survey revealed increased
reliance on imports of warm form automotive gears, cold form
couplings, slugs and cups, and cold form ball joint sockets.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of warm form automotive gears, cold form
couplings, slugs and cups, and cold form ball joint sockets by
customers of Form Tech Industries, LLC contributed importantly
to the worker group separations and sales/production declines
at Form Tech Industries, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Form Tech Industries,
LLC, Detroit, Michigan, who are engaged in activities related to
the production of warm form automotive gears, cold form
couplings, slugs and cups, and cold form ball joint sockets meet
the worker group certification criteria under Section 222(a) of
the Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of
the Act, 19 U.S.C. § 2273, I make the following certification:



"All workers of Form Tech Industries, LLC, Detroit,
Michigan, who became totally or partially separated from
employment on or after June 26, 2008, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 5th day of November 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance