Denied
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TAW-38550  /  Pottstown Precision (Stowe, PA)

Petitioner Type: Union
Impact Date:
Filed Date: 01/16/2001
Most Recent Update: 02/20/2001
Determination Date: 02/20/2001
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,550

POTTSTOWN PRECISION CASTING, INC./HARVARD INDUSTRIES, INC.
formerly/known/as DOEHLER JARVIS
STOWE, PENNSYLVANIA

Notice of Negative Determination
on Reconsideration

On August 15, 2001, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the Federal Register on August 29, 2001 (66 FR 45698).
The Department initially denied TAA to workers of Pottstown Precision Casting, Inc./Harvard Industries, Inc., formerly known as Doehler Jarvis, Stowe, Pennsylvania because the "contributed importantly" group eligibility requirement of Section 222(3) of the Trade Act of 1974, as amended, was not met. The workers at the subject firm were engaged in employment related to the production of automotive components.
The petitioner asserted that selected customers of the subject plant imported various automotive component parts, contributing importantly to the worker separations.
On reconsideration, the Department surveyed all selected customers (as supplied by the petitioner) of the subject firm regarding their purchases of products (as depicted by the petitioners application) like and directly competitive to what the subject plant produced during the relevant period. The Department contacted all customers as selected by the petitioner, all customers responded. The survey revealed that imports were negligible during the relevant period. The survey also revealed that the closure of the plant forced customers to seek other manufacturers of products like and directly competitive with what the subject plant produced.
The survey further indicated that customers of the subject firm purchased subject plant components, further processed the product and then exported some parts to foreign sources. The foreign sources integrated the parts into finished products.
The petitioner further asserted that the subject plant was under an existing TAA certification (TA-W-38,550) that expired on March 5, 2001. The customer of that certification was contacted and reported that only a negligible portion of the components (stators) were imported during the relevant period of the current investigation.

Conclusion
After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance and NAFTA-TAA for workers and former workers of Pottstown Precision Casting, Inc./Harvard industries, Inc., formerly known as Doehler Jarvis, Stowe, Pennsylvania.

Signed at Washington, D.C., this 26th day of October, 2001

/s/ Edward A. Tomchick

______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,550

POTTSTOWN PRECISION CASTING, INC./HARVARD INDUSTRIES, INC.
formerly/known/as DOEHLER JARVIS
STOWE, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appropriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.

Workers at the subject firm are currently certified eligible to apply for Trade Adjustment Assistance (TA-W-35,488). That certification will expire on March 5, 2001.


The current investigation was initiated in response to a petition received on January 16, 2001 and filed by the United Auto Workers, Local 1056, on behalf of workers at Pottstown Precision Casting, Inc., Stowe, Pennsylvania. The workers produce automotive components.
The investigation revealed that Pottstown Precision Casting, does not import articles like or directly competitive with the automobile transmission components and other parts produced at its Stowe, Pennsylvania facility.
The U.S. Department of Labor conducted a survey of the major customer of Pottstown Precision Casting, Inc., Stowe, Pennsylvania regarding its purchases of transmission parts and other components in 1999, 2000, and January 2001. The survey revealed that the respondent did not import products like those purchased from the subject firm in the relevant period.
Conclusion
After careful review, I determine that all workers of Pottstown Precision Casting, Inc., Stowe, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 20th day of February, 2001.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance