Petitioner Type: Workers
Impact Date:
Filed Date: 10/22/2001
Most Recent Update: 12/17/2001
Determination Date: 12/17/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,246
INCOE CORPORATION
NORTH PLANT
FRANKFORT, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 31, 2002, the petitioners,
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on December 17,
2001 and published in the Federal Register on January 11, 2002
(67 FR 66428).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Incoe
Corporation, North plant, Frankfort, Michigan engaged in the
production of plastic injection molds, was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of the workers' firm's customers. However, a
survey was not conducted since the products produced by the
subject plant were shipped to another affiliated domestic
facility. The company did not import products like or directly
competitive with what the subject plant produced during the
relevant period. The investigation further revealed that the
dominant factor leading to the closure of the plant was related
to a shift in plant production to another domestic affiliated
facility.
The petitioner alleges that the worker's do not produce
plastic injection molds as addressed in the "Negative
Determination Regarding Eligibility To Apply for Workers
Adjustment Assistance".
A review of the initial investigation indicates that the
workers were engaged in activities related to the production of
plastic injection molding machine tooling for injection molding
systems (injection molding components). The TAA decision was
based on the correct products produced by the subject firm. The
Department inadvertently referenced the wrong product in the
decision.
The petitioner further alleges that a representative from
the corporate office was sent to a foreign source to compare the
manufacturing processes and prices of the foreign sources
products which were like or directly competitive with the subject
firm's products. The petitioners indicated that the subject firm
exported the product to the foreign source, which in turn sold
the product back to the subject firm's only customer (affiliated
with the subject firm) in the United States.
The comparison of manufacturing processes and price from a
foreign source is not relevant to the TAA investigation that was
filed on behalf of workers producing plastic injection molding
machine tooling for injection molding systems (injection molding
components). In reference to the foreign source shipping
products like or directly competitive with what the subject firm
produced, the company reported no imports of products like or
directly competitive with what the subject plant produced
(including the affiliated customer) during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 28th day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,246
INCOE CORPORATION
NORTH PLANT
FRANKFORT, MICHIGAN
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 October 22, 2001 in
response to a petition filed by workers at Incoe Corporation,
North Plant, Frankfort, Michigan. The workers produced plastic
injection molds.
The investigation revealed that criterion (3) has not been
met.
Separations at Incoe Corporation, North Plant, Frankfort,
Michigan are related to the subject firm's closing and domestic
transfer of production. The subject firm does not import.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-5400).
Conclusion
After careful review, I determine that all workers of Incoe
Corporation, North Plant, Frankfort, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of December 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,246
INCOE CORPORATION
NORTH PLANT
FRANKFORT, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 31, 2002, the petitioners,
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on December 17,
2001 and published in the Federal Register on January 11, 2002
(67 FR 66428).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Incoe
Corporation, North plant, Frankfort, Michigan engaged in the
production of plastic injection molds, was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of the workers' firm's customers. However, a
survey was not conducted since the products produced by the
subject plant were shipped to another affiliated domestic
facility. The company did not import products like or directly
competitive with what the subject plant produced during the
relevant period. The investigation further revealed that the
dominant factor leading to the closure of the plant was related
to a shift in plant production to another domestic affiliated
facility.
The petitioner alleges that the worker's do not produce
plastic injection molds as addressed in the "Negative
Determination Regarding Eligibility To Apply for Workers
Adjustment Assistance".
A review of the initial investigation indicates that the
workers were engaged in activities related to the production of
plastic injection molding machine tooling for injection molding
systems (injection molding components). The TAA decision was
based on the correct products produced by the subject firm. The
Department inadvertently referenced the wrong product in the
decision.
The petitioner further alleges that a representative from
the corporate office was sent to a foreign source to compare the
manufacturing processes and prices of the foreign sources
products which were like or directly competitive with the subject
firm's products. The petitioners indicated that the subject firm
exported the product to the foreign source, which in turn sold
the product back to the subject firm's only customer (affiliated
with the subject firm) in the United States.
The comparison of manufacturing processes and price from a
foreign source is not relevant to the TAA investigation that was
filed on behalf of workers producing plastic injection molding
machine tooling for injection molding systems (injection molding
components). In reference to the foreign source shipping
products like or directly competitive with what the subject firm
produced, the company reported no imports of products like or
directly competitive with what the subject plant produced
(including the affiliated customer) during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 28th day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,246
INCOE CORPORATION
NORTH PLANT
FRANKFORT, MICHIGAN
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 October 22, 2001 in
response to a petition filed by workers at Incoe Corporation,
North Plant, Frankfort, Michigan. The workers produced plastic
injection molds.
The investigation revealed that criterion (3) has not been
met.
Separations at Incoe Corporation, North Plant, Frankfort,
Michigan are related to the subject firm's closing and domestic
transfer of production. The subject firm does not import.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-5400).
Conclusion
After careful review, I determine that all workers of Incoe
Corporation, North Plant, Frankfort, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of December 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance