Aran Mold and Die Company, Inc., Elmwood Park, NJ; Notice of Negative Determination on Reconsideration on Remand [09/30/2003]
Volume 68, Number 189, Page 56326
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-50,643]
Aran Mold and Die Company, Inc., Elmwood Park, NJ; Notice of
Negative Determination on Reconsideration on Remand
The United States Court of International Trade (USCIT) granted the
Secretary of Labor's motion for a voluntary remand for further
investigation in Former Employees of Aran Mold and Die Company, Inc. v.
Elaine Chao, U.S. Secretary of Labor, No. 03-00362.
The Department's initial denial for the workers of Aran Mold and
Die Company, Inc., Elmwood, New Jersey (hereafter ``Aran Mold and
Die''), issued on February 12, 2003 and published in the Federal
Register on March 26, 2003 (68 FR 14708), was based on the finding that
workers did not produce an article within the meaning of section 222 of
the Trade Act of 1974. It was determined that the subject worker group
were not engaged in the production of an article, but provided support
services to workers producing plastic injection molding, and that
production at the subject plant ceased more than one year prior to the
date of the petition (January 14, 2003).
On April 2, 2003, the petitioner requested administrative
reconsideration, asserting that workers were engaged in production work
and, therefore, were not service providers.
On April 15, 2003, the Department issued a Notice of Affirmative
Determination Regarding Application for Reconsideration, published in
the Federal Register on April 24, 2003 (68 FR 20179), stating that the
workers did produce a product (plastic injection molds).
The Department's Notice of Negative Determination on
Reconsideration was issued on April 21, 2003 and published in the
Federal Register on May 7, 2003 (68 FR 24505). During the
reconsideration investigation, the Department conducted a survey of two
of the subject company's customers regarding their purchases of plastic
injection molds during 2001 and 2002. The survey revealed no import
purchases of plastic injection molds during the surveyed time periods.
On remand, the petitioner requested that the Department review its
reconsideration determination, stating that the subject company
produced plastic injection molded components, not plastic injection
molds as determined in the reconsideration investigation. The
Department contacted the subject company official, requesting
additional and detailed information regarding the subject plant's sales
and production during 2001 and 2002, the closure of the subject plant,
and the subject company's plastic injection molded components
customers.
The remand investigation revealed that the subject plant ceased
production of plastic injection molded components in October 2001 and
that sales continued until February 2002.
A careful review of a survey conducted of the subject company's two
major customers revealed that neither customer imported in 2001, one
customer shifted reliance from the subject company to other domestic
sources, and both customers did not purchase from the subject company
in 2002.
However, even if there had been increased imports during the
relevant time periods, the workers would not be eligible to apply for
trade adjustment assistance because the there was no production within
the relevant period. Because production at the subject plant ceased in
October 2001, no production occurred at the subject plant during the
relevant time period.
Conclusion
After reconsideration on remand, I affirm the original notice of
negative determination of eligibility to apply for adjustment
assistance for workers and former workers of Aran Mold and Die Company,
Inc., Elmwood Park, New Jersey.
Signed at Washington, DC this 11th day of September 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-24716 Filed 9-29-03; 8:45 am]
BILLING CODE 4510-30-M
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