Denied
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TAW-55703  /  Otsego Tool and Engineering (Albertville, MN)

Petitioner Type: Workers
Impact Date:
Filed Date: 09/28/2004
Most Recent Update: 11/03/2004
Determination Date: 11/03/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,703

OTSEGO TOOL AND ENGINEERING INC.
ALBERTVILLE, MINNESOTA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on September 28, 2004 in
response to a petition filed on behalf of workers at Otsego Tool
and Engineering Inc., Albertville, Minnesota. The workers at
the subject firm produced molds for the plastic industry; the
workers are not separately identifiable.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import molds for the plastic industry during 2002, 2003, or from
January through July 2004.
Furthermore, the investigation revealed that the subject
firm did not shift production of molds for the plastic industry
abroad during the relevant period.
The investigation further determined that declines in
employment at the subject firm are unrelated to imports of
molds. Production and sales of molds by Otsego Tool and
Engineering Inc. are reliant on contracts that are awarded to
its customers producing plastic products. The subject firm
quotes the cost of the molds that would be included in the
plastic producer's bid for a project. The Department of Labor
surveyed the entities to which the subject firm submitted quotes
during the period of investigation. These surveys revealed that
the above mentioned entities were not awarded the contracts for
the plastic production projects that would require molds to be
supplied by the subject firm.
Conclusion
After careful review of facts obtained in the
investigation, I determine that all workers of Otsego Tool and
Engineering Inc., Albertville, Minnesota, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of November 2004.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance