DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,451

MODERN PROTOTYPE
TROY, 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 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.


The investigation was initiated on December 17, 2001, in response to a petition filed on behalf of workers at Modern Prototype, Troy, Michigan. The workers were engaged in employment related to the production of automotive prototype sheet-metal parts.
The current investigation revealed that criterion (3) has not been met.
The company did not import automotive prototype sheet-metal parts during the relevant period.
The Department of Labor surveyed the major declining customer regarding its purchases of like or directly competitive products in the relevant period. Results of this survey established that the customer did not import competitive automotive prototype sheet-metal parts.
Conclusion
After careful review, I determine that all workers of Modern Prototype, Troy, Michigan engaged in activities related to the production of automotive prototype sheet-metal parts are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 16th day of January, 2002.

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