Petitioner Type: Workers
Impact Date:
Filed Date: 09/17/2001
Most Recent Update: 05/31/2002
Determination Date: 05/31/2002
Expiration Date:
Employment and Training Administration
TA-W-40,044
BMI INDUSTRIES, INC.
SCHAUMBURG, IL
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 September 17, 2001 in
response to a petition filed on behalf of workers at BMI
Industries, Inc., Schaumburg, IL. The workers produce metal
metronics.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import metal metronics during the relevant period.
A major portion of the production of the subject firm is
exported and thus not affected by imports.
A predominant cause of the decline in sales and employment at
the subject firm is world excess of cellular phone production, not
imports of cellular phone components like those produced at the
subject firm.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firm (NAFTA-5301).
Conclusion
After careful review, I determine that all workers at BMI
Industries, Inc., Schaumburg, IL, engaged in employment related to
the production of metal metronics, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 31st day of May 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance