[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66499-66500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-137]

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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-4357]


Oxford Automotive, Inc., Argos, IN; Notice of Revised
Determination On Remand

    The United States Court of International Trade (USCIT) remanded to
the Department of Labor for further consideration and investigation of
the negative determination on reconsideration on remand in Former
Employees of Oxford Automotive U.A.W. Local 2088 v. U.S. Secretary of
Labor (Court No. 01-00453).
    The Department's denial of NAFTA-Transitional Adjustment Assistance
for the workers of Oxford Automotive, Inc., Argos, Indiana (NAFTA-4357)
was issued on January 24, 2001 and published in the Federal Register on
February 20, 2001 (66 FR 10916). The

[[Page 66500]]

initial investigation concluded that there was no shift of production
to Canada or Mexico and that imports from Canada or Mexico did not
contribute importantly to workers' separations.
    On April 30, 2001, the Department issued a Notice of Negative
Determination Regarding Application for Reconsideration for NAFTA-4357
and published the determination in the Federal Register on May 9, 2001
(66 FR 23732).
    The petitioners alleged in the request for reconsideration that
production equipment (180'' press line and two single pot spot welders)
was sent to an affiliated plant located in Mexico. Information provided
by the company at that time indicated that while equipment, absent its
use, was sent to Mexico, the equipment was not used and there was no
production shift. The Department determined that the shift of
production equipment, absent its use, was an insufficient basis for
certification.
    The petitioners appealed to the U.S. Court of International Trade,
and on voluntary remand, the Department requested more information from
the company.
    In the remand investigation, the Department requested information
regarding company imports of side panels. The Department determined
that there was no basis to reverse the negative reconsideration
determination.
    In a second voluntary remand investigation, the Department
conducted a survey of the subject company's major customer and asked
the company to clarify the situation regarding the shift of equipment
to Mexico and alleged shift of production to Mexico. The Department
determined that there was no increased customer reliance upon import
purchases and no shift of production to Mexico. Therefore, the
Department did not reverse the negative remand determination.
    On the current remand, the Department followed the Court's guidance
in conducting its investigation, obtaining new and additional
information, as well as clarification, from the company regarding the
alleged production shifts to Mexico. Upon careful review of the new
information, it has been determined that a significant portion of
production of like and directly competitive products was shifted from
the subject facility to Mexico during the relevant period.

Conclusion

    After careful review of the additional facts obtained on the
current remand, I conclude that there was a shift of production to
Mexico of articles like or indirectly competitive with those produced
at the subject facility. In accordance with the provisions of the Trade
Act, I make the following certification:

    All workers of Oxford Automotive, Inc., Argos, Indiana who
became totally or partially separated from employment on or after
December 4, 1999, through two years from the issuance of this
revised determination, are eligible to apply for NAFTA-TAA under
section 250 of the Trade Act of 1974.

    Signed at Washington, DC, this 10th day of November, 2003.
Linda G. Poole,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-29541 Filed 11-25-03; 8:45 am]

BILLING CODE 4510-30-P