[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Notices]
[Page 70464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29693]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,461 and NAFTA-4357]


Oxford Automotive, Argos, IN; Notice of Negative Determination on 
Reconsideration on Remand

    The United States Court of International Trade (USCIT) has granted 
the Secretary of Labor's motion for a second voluntary remand for 
further investigation in Former Employees of Oxford Automotive v. U.S. 
Secretary of Labor, No. 01-00453.
    The Department's initial denial of NAFTA-Transitional Adjustment 
Assistance for workers producing automotive side panels at Oxford 
Automotive, Argos, Indiana, was issued on January 24, 2001, and 
published in the Federal Register on May 9, 2001 (66 FR 23733-34). The 
negative determination was based on the finding that criteria (3) and 
(4) of the group eligibility requirements of paragraph (a)(1) of 
section 250 of the Trade Act of 1974, as amended, were not met. Oxford 
Automotive did not import articles from Mexico or Canada like or 
directly competitive with those produced at the Argos, Indiana plant. 
There was no shift in production from Argos, Indiana, to Mexico or 
Canada. Although some of the machinery from the Argos plant had been 
moved to Mexico and other foreign locations, the machinery was idle. 
The layoffs at the plant were attributable to the customer's decision 
to take back the production of the side panels.
    The Department's initial denial of Trade Adjustment Assistance for 
the workers producing automotive side panels at Oxford Automotive, 
Argos, Indiana, was issued on January 24, 2001, and was published in 
the Federal Register on May 9, 2001 (66 FR 23733-34). The negative 
determination was based on the finding that the ``contributed 
importantly'' criterion of the group eligibility requirements of 
section 222 of the Trade Act of 1974, as amended, was not met. Oxford 
Automotive did not import articles like or directly competitive with 
those produced at the Argos, Indiana plant. The layoffs at the plant 
were attributable to the customer's decision to take back the 
production of the side panels.
    The petitioners request for reconsideration of TA-W-38,461 and 
NAFTA-4357 resulted in a negative determination regarding the 
application, which was issued on April 30, 2001, and was published in 
the Federal Register on May 9, 2001 (66 FR 23732-33).
    On remand, the Department contacted officials of Oxford Automotive 
to obtain clarification regarding a notation on the ``Confidential Data 
Request'', contained in the investigation record, that the company was 
importing from Canada and Mexico.
    The investigation on remand confirmed that there were no company 
imports of side panels in 1998, 1999 or 2000.
    Again, on the second voluntary remand, the Department contacted the 
officials of Oxford Automotive to obtain additional information 
concerning purchases of the products produced by the subject plant and 
further requested a list of products (by product number) that were sold 
to the major customer for the 1999 and 2000 periods.
    The U.S. Department of Labor conducted a survey of the major 
declining customer regarding its purchases of side panels for the 
periods 1998, 1999 and 2000. The Department also verbally requested 
that the customer indicate where the products are now being purchased. 
The major customer revealed that they did not import side panels during 
the relevant period of the investigation. They further indicated that 
all products once produced by the Argos facility were subsequently 
purchased from other domestic Oxford Automotive facilities through the 
current period.
    The customer further stated that over half of their purchases from 
domestic Oxford facilities are now shipped to Mexico to meet the 
customers' Mexican demand. The customer further concluded that all 
products previously purchased from Oxford Automotive, Argos, Indiana 
are still being purchased from other Oxford facilities located in the 
United States through the current period.
    The Department of Labor also contacted Oxford Automotive regarding 
shifts in Argos plant equipment to Mexico during the relevant period.
    The company indicated that all production was phased out during the 
year 2000. The company moved all press equipment to other facilities. 
The 180 Press Line went to Mexico, in the spring of 2001. Two other 
major presses (10 presses total and one blanking press) also went to a 
Mexican facility during the summer of 2002. The rest of the 
miscellaneous items went to other domestic Oxford plants from 2001 
through the current period. All equipment shifted to Mexico remained 
idle. The equipment has never been used to produce any product in 
Mexico.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Oxford Automotive, Argos, 
Indiana.

    Signed in Washington, DC, this 31st day of October, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-29693 Filed 11-21-02; 8:45 am]
BILLING CODE 4510-30-P