[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Notices]
[Pages 66499-66500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29541]


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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