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TAW-74026  /  Form Tech Fraser (Fraser, MI)

Petitioner Type: State
Impact Date: 04/08/2009
Filed Date: 04/30/2010
Most Recent Update: 07/27/2010
Determination Date: 07/27/2010
Expiration Date: 07/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,026

FORM TECH LLC
FRASER, 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(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 April 30, 2010 by a Michigan state official on behalf
of workers of Form Tech LLC, Fraser, Michigan. The workers are
engaged in activities related to the production of steel
castings including rings, shafts, and gears used in automotive
transmissions.
The investigation revealed that workers of Form Tech LLC,
Fraser, Michigan, who are engaged in activities related to the
production of steel castings used in automotive transmissions,
meet the criteria as suppliers for secondary worker
certification.
Criterion I has been met because a significant number of
workers have been separated.
Criterion II has been met because Form Tech LLC, Fraser,
Michigan, produced and sold steel castings to be incorporated
into automotive transmissions to a firm that employed a worker
group who is covered by an active certification based on
imports of automobiles.
Criterion III has been met because the loss of business
by Form Tech LLC with the TAA-certified firm, with respect to
steel castings sold to the TAA-certified firm, contributed
importantly to worker separations at Form Tech LLC, Fraser,
Michigan.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Form Tech LLC,
Fraser, Michigan, 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 LLC, Fraser, Michigan, who
became totally or partially separated from employment on or
after April 8, 2009, 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 27th day of July, 2010

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance