Petitioner Type: Workers
Impact Date: 04/09/2000
Filed Date: 04/30/2001
Most Recent Update: 10/02/2001
Determination Date: 10/02/2001
Expiration Date: 06/25/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,162 & NAFTA-04822
ME INTERNATIONAL, INC.
DULUTH, MINNESOTA
Notice of Revised Determination
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 United Steelworkers of America on
Behalf of Former Workers of ME International, Inc. v. Elaine L.
Chao, U.S. Secretary of Labor (Court No. 02-00404).
The Department's initial denial of certification for the
petitions (TA-W-39,162 & NAFTA-04822) filed for employees of ME
International, Inc., Duluth, Minnesota were issued on October 2,
2001 and published in the Federal Register on October 19, 2001
(66 Fed. Reg. 53251 and 53252, respectively). The denial of
Trade Adjustment Assistance (TAA) was based on a finding that
criterion (3) of the Group Eligibility Requirements of Section
222 of the Trade Act of 1974, as amended, was not met. Imports
did not contribute importantly to worker separations at the
subject firm. The denial of NAFTA-Transitional Adjustment
Assistance (NAFTA-TAA) was based on the finding that criteria (3)
and (4) were not met. Imports from Canada or Mexico did not
contribute importantly to workers’ separations, nor was there a
shift in plant production to Canada or Mexico.
On administrative reconsideration, the Department issued a
“Notice of Negative Determination Regarding Application for
Reconsideration,” for cases TA-W-39,162 and NAFTA-04822 on March
25, 2002 for the employees of ME International, Inc., Duluth,
Minnesota. The notice was published in the Federal Register on
April 17, 2002 (67 Fed. Reg. 18926). The Department affirmed its
conclusions that imports did not contribute importantly to worker
separations at the subject firm.
On remand, the Department contacted the company for
additional customers that were not supplied by the company during
the previous investigations. The company this time responded by
supplying an extensive list of customers.
The U.S. Department of Labor conducted a survey of the
customers regarding their purchases of mine wear parts during the
relevant period. The survey revealed that customers increased
their imports of mine wear parts from Canada and/or Mexico and
also increased purchases of total U.S. imports, while decreasing
their purchases from the subject firm during the relevant period.
Conclusion
After careful review of the additional facts obtained on
remand, I determine that increases in imports of articles
(including from Canada and/or Mexico) like or directly
competitive with those produced by the subject firm contributed
importantly to the worker separations and sales or production
declines at the subject facility. In accordance with the
provisions of the Trade Act, I make the following certification:
"All workers of ME International, Inc., Duluth, Minnesota,
who became totally or partially separated from employment on
or after April 9, 2000, through two years from the issuance
of this revised determination, are eligible to apply for
worker adjustment assistance under Section 223 of the Trade
Act of 1974." and
"All workers of ME International, Inc., Duluth, Minnesota,
who became totally or partially separated from employment on
or after April 30, 2000, through two years from the issuance
of this revised determination, are eligible to apply for
NAFTA-TAA under Section 250 of the Trade Act of 1974."
Signed at Washington, D.C. this 25th day of June 2003.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,162
ME INTERNATIONAL, INC.
DULUTH, MINNESOTA
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
eligibility 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.
The investigation was initiated on April 30, 2001 in
response to a petition filed by the United Steelworkers of
America, Local 1028, on behalf of workers at ME International,
Inc., Duluth, Minnesota. The workers produce mining wear parts.
The investigation revealed that criteria (1) and (3) have
not been met.
The subject firm has not experienced significant declines in
employment in the last year, the period covered by this
investigation.
The subject firm does not import significant amounts of
products like or directly competitive with those produced at the
Duluth plant.
A significant portion of the sales of the subject firm is
exported to foreign markets and thus is not affected by imports.
A substantial portion of the production of the subject plant
in Duluth has been transferred to another domestic facility to
better serve customers more conveniently located to that plant.
The investigation also revealed that major customers of the
subject firm have reduced their production of iron ore or other
primary metals in the relevant period. This more general
decline, not imports of mining equipment, is a major contributing
factor for any sales or production declines at the subject firm.
Conclusion
After careful review, I determine that all workers of ME
International, Inc., Duluth, Minnesota, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 2nd day of October, 2001
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,162 & NAFTA-04822
ME INTERNATIONAL, INC.
DULUTH, MINNESOTA
Notice of Revised Determination
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 United Steelworkers of America on
Behalf of Former Workers of ME International, Inc. v. Elaine L.
Chao, U.S. Secretary of Labor (Court No. 02-00404).
The Department's initial denial of certification for the
petitions (TA-W-39,162 & NAFTA-04822) filed for employees of ME
International, Inc., Duluth, Minnesota were issued on October 2,
2001 and published in the Federal Register on October 19, 2001
(66 Fed. Reg. 53251 and 53252, respectively). The denial of
Trade Adjustment Assistance (TAA) was based on a finding that
criterion (3) of the Group Eligibility Requirements of Section
222 of the Trade Act of 1974, as amended, was not met. Imports
did not contribute importantly to worker separations at the
subject firm. The denial of NAFTA-Transitional Adjustment
Assistance (NAFTA-TAA) was based on the finding that criteria (3)
and (4) were not met. Imports from Canada or Mexico did not
contribute importantly to workers’ separations, nor was there a
shift in plant production to Canada or Mexico.
On administrative reconsideration, the Department issued a
“Notice of Negative Determination Regarding Application for
Reconsideration,” for cases TA-W-39,162 and NAFTA-04822 on March
25, 2002 for the employees of ME International, Inc., Duluth,
Minnesota. The notice was published in the Federal Register on
April 17, 2002 (67 Fed. Reg. 18926). The Department affirmed its
conclusions that imports did not contribute importantly to worker
separations at the subject firm.
On remand, the Department contacted the company for
additional customers that were not supplied by the company during
the previous investigations. The company this time responded by
supplying an extensive list of customers.
The U.S. Department of Labor conducted a survey of the
customers regarding their purchases of mine wear parts during the
relevant period. The survey revealed that customers increased
their imports of mine wear parts from Canada and/or Mexico and
also increased purchases of total U.S. imports, while decreasing
their purchases from the subject firm during the relevant period.
Conclusion
After careful review of the additional facts obtained on
remand, I determine that increases in imports of articles
(including from Canada and/or Mexico) like or directly
competitive with those produced by the subject firm contributed
importantly to the worker separations and sales or production
declines at the subject facility. In accordance with the
provisions of the Trade Act, I make the following certification:
"All workers of ME International, Inc., Duluth, Minnesota,
who became totally or partially separated from employment on
or after April 9, 2000, through two years from the issuance
of this revised determination, are eligible to apply for
worker adjustment assistance under Section 223 of the Trade
Act of 1974." and
"All workers of ME International, Inc., Duluth, Minnesota,
who became totally or partially separated from employment on
or after April 30, 2000, through two years from the issuance
of this revised determination, are eligible to apply for
NAFTA-TAA under Section 250 of the Trade Act of 1974."
Signed at Washington, D.C. this 25th day of June 2003.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,162
ME INTERNATIONAL, INC.
DULUTH, MINNESOTA
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
eligibility 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.
The investigation was initiated on April 30, 2001 in
response to a petition filed by the United Steelworkers of
America, Local 1028, on behalf of workers at ME International,
Inc., Duluth, Minnesota. The workers produce mining wear parts.
The investigation revealed that criteria (1) and (3) have
not been met.
The subject firm has not experienced significant declines in
employment in the last year, the period covered by this
investigation.
The subject firm does not import significant amounts of
products like or directly competitive with those produced at the
Duluth plant.
A significant portion of the sales of the subject firm is
exported to foreign markets and thus is not affected by imports.
A substantial portion of the production of the subject plant
in Duluth has been transferred to another domestic facility to
better serve customers more conveniently located to that plant.
The investigation also revealed that major customers of the
subject firm have reduced their production of iron ore or other
primary metals in the relevant period. This more general
decline, not imports of mining equipment, is a major contributing
factor for any sales or production declines at the subject firm.
Conclusion
After careful review, I determine that all workers of ME
International, Inc., Duluth, Minnesota, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 2nd day of October, 2001
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance