Petitioner Type: Union
Impact Date:
Filed Date: 09/09/2002
Most Recent Update: 01/06/2003
Determination Date: 01/06/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,108
HARVARD INDUSTRIES, INC.
JACKSON, 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 September 9, 2002 in
response to a petition filed by the International Union, United
Automobile, Aerospace, and Agricultural Implement Workers of
America, Region 1C on behalf of workers at Harvard Industries,
Inc., Jackson, Michigan. Workers produced automotive cooling fans,
alternator and generator brackets, timing chain covers, water pump
covers and water outlets. Workers are not separately identifiable
by product line.
The investigation revealed that criterion (3) has not been
met.
The Department of Labor surveyed the subject firm's major
customers regarding their 2000 and 2001 purchases of articles like
or directly competitive with those produced at the subject firm.
This survey revealed no customer imports of articles like or
directly competitive with those produced at subject firm during the
period under investigation.
The investigation revealed that the subject firm did not
import automotive cooling fans, alternator and generator brackets,
timing chain covers, water pump covers or water outlets during the
relevant period.
The investigative finding also revealed that the subject firm
transferred production to an affiliated facility located in Bryan,
Ohio.
A negative determination regarding eligibility to apply for
NAFTA-Transitional Adjustment Assistance was made on August 19,
2002 (NAFTA-5464).
Conclusion
After careful review, I determine that all workers of Harvard
Industries, Inc., Jackson, Michigan are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 6th day of January, 2003
/s/Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance