Petitioner Type: Company
Impact Date:
Filed Date: 02/22/2010
Most Recent Update: 01/06/2011
Determination Date: 01/06/2011
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,540
KEIPER, LLC
ELDON, MISSOURI
Negative Determination 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on February 22, 2010, by a company official on behalf of
workers of Keiper, LLC, Eldon, Missouri. The workers produce
automotive seat components.
The petition alleged that worker separations were due to
loss of business with firms that employed TAA-certified worker
groups. The investigation included analysis of data provided by
the workers' firm and a review of the TAA case determinations
regarding the firm's customers.
With respect to Section 222(a) of the Act, the
investigation revealed that Criterion II has not been met
because imports of articles like or directly competitive with
the automotive seat components produced by Keiper have not
increased and there has not been a shift in production to a
foreign country by Keiper.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion (2) has not been met
because Keiper is not a Supplier or Downstream Producer to a
firm with a worker group that was certified under Section 222(a)
of the Act. Rather, the investigation established that Keiper
was a Supplier to a firm with a worker group that was certified
under Section 222(c) of the Act, which does not meet the
statutory criteria. In addition, the investigation established
that Keiper was a Supplier to another firm with a worker group
that was certified under Section 222(a) of the Act, but the
component part supplied by Keiper was not related to the article
or service that was the basis of the primary certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Keiper, LLC, Eldon,
Missouri, who produce automotive seat components, are denied
eligibility to apply for adjustment assistance under Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 6th day of January, 2011
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,540
KEIPER, LLC
ELDON, MISSOURI
Negative Determination 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on February 22, 2010, by a company official on behalf of
workers of Keiper, LLC, Eldon, Missouri. The workers produce
automotive seat components.
The petition alleged that worker separations were due to
loss of business with firms that employed TAA-certified worker
groups. The investigation included analysis of data provided by
the workers' firm and a review of the TAA case determinations
regarding the firm's customers.
With respect to Section 222(a) of the Act, the
investigation revealed that Criterion II has not been met
because imports of articles like or directly competitive with
the automotive seat components produced by Keiper have not
increased and there has not been a shift in production to a
foreign country by Keiper.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion (2) has not been met
because Keiper is not a Supplier or Downstream Producer to a
firm with a worker group that was certified under Section 222(a)
of the Act. Rather, the investigation established that Keiper
was a Supplier to a firm with a worker group that was certified
under Section 222(c) of the Act, which does not meet the
statutory criteria. In addition, the investigation established
that Keiper was a Supplier to another firm with a worker group
that was certified under Section 222(a) of the Act, but the
component part supplied by Keiper was not related to the article
or service that was the basis of the primary certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Keiper, LLC, Eldon,
Missouri, who produce automotive seat components, are denied
eligibility to apply for adjustment assistance under Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 6th day of January, 2011
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance