Legal Issues & Examples

Detroit Mayor Selling Company, Stamping Plant to Michigan Tooling Company

L&W Engineering Co., a metal stamper of deep-drawn parts such as oil pans and reinforcements, appears to be the primary buyer for Bing Metals, an industrial company owned by Detroit's new Mayor, Dave Bing.

The former NBA Rookie of the year (1966) and seven time all-star with the Detroit Pistons, Bing proved to be as savvy off the court, as he was on. After his Hall of Fame career, the Washington D.C. native has been a successful businessman including his minority-owned company, Bing Metals. In the mid '90s he was named as one the Top 50 Greatest NBA Players of all time.

Bing's leadership and drive eventually saw his company become a roughly $60 million organization employing hundreds of Metro Detroiters.

However, even the man dubbed "Mr. Unsung-About", who exuded a rare mixture of professionalism and unbelievable skill, could not escape the upheaval levied upon the sub-Tier suppliers in the tooling and stamping industry. When General Motors was tying payments to PPAP (essentially a delay tactic) Bing Metals–like many others–were put in nightmarish cash-flow situations that most companies, in any industry, could never sustain operations with.

The reported new buyer, L&W Engineering has locations in Blissfield and Belleville. For whatever reason, L&W's Website has been unavailable for the past several weeks.

One person close to this situation stated the combined companies will change its name to Oakland Stamping.

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Michigan Prototype Stamping Company Receives Tax Breaks–Plans Investment

Thanks to a some much-needed tax breaks, Quality Metalcraft (Livonia, MI) and its 200+ employees are making plans to invest $2.5 million in new equipment and machinery. Anywhere between 20-30 could be added as a result. Hopefully some diemakers or machinists looking for work out there can gain employment.

 

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U.S. Claims China Guilty of Dumping

BEIJING (AP) – China criticized Washington for imposing anti-dumping duties on Chinese-made steel pipes and launched a probe Friday of imported U.S. autos, adding to trade tensions two weeks before President Barack Obama visits Beijing.

The latest moves ratchet up disputes over market access for goods from poultry and tires to Hollywood movies. But Beijing and Washington are confining the conflicts to diplomatic channels, apparently hoping to avert a trade war that could damage wide-ranging cooperation on issues such as the global economic crisis, North Korea and climate change.

The Commerce Ministry criticized the U.S. decision Thursday to raise tariffs on Chinese pipes as protectionist. It said the move violated World Trade Organization principles and commitments by Washington and other Group of 20 major economies to avoid protectionism amid the global economic crisis.

"China resolutely opposes use of such protectionist practices, and will take measures to protect the interests of domestic industry," ministry spokesman Yao Jian said in a statement on the ministry's Web site.

The U.S. Commerce Department said it concluded Chinese producers were dumping pipes used by the oil and gas industry and would impose duties of up to 99 percent.

Yi Xiaozhun, a deputy commerce minister, said the case was the biggest anti-dumping action yet against China by market value and affected exports worth $3.2 billion a year.

Also Friday, Beijing announced it was launching an anti-dumping investigation of imported U.S. autos. It said it was acting on a complaint by Chinese automakers but gave no details of the alleged American misconduct. The case could result in higher tariffs on U.S. autos if Chinese investigators conclude American automakers received improper subsidies or sold below fair-market price.

Beijing warned Washington at trade talks last month of the impending probe, a possible diplomatic gesture to reduce the political impact of Friday's announcement.

Meanwhile, the Chinese steel industry group said Friday major steel mills have asked the Commerce Ministry to launch an anti-dumping investigation of U.S.- and European-made hot rolled and stainless steel. It said the steel was being sold at improperly low prices and "caused injury to the Chinese market."

The U.S. Embassy in Beijing had no immediate comment about China's actions Friday.

The disputes come as Obama is due to arrive Nov. 15 on his first president visit to Beijing. Both governments have repeatedly stressed the importance of stable relations and senior leaders have avoided public comments about the trade disputes.

Beijing and Washington are especially eager to avoid irritants that might derail relations as they work together with other major governments to try to pull the global economy out of its worst downturn since the 1930s.

Both governments have stuck to the dispute-resolution process laid out in WTO agreements.

In August, Beijing backed down in a dispute over auto parts and altered its import tariffs after it lost an appeal of a WTO case brought by the United States, Europe and Canada that said it treated foreign suppliers unfairly.

On Wednesday, the United States joined Europe and Mexico in asking the WTO to investigate Chinese curbs on exports of bauxite and other industrial raw materials. Beijing says it must rein in mining to protect the environment, but Washington and others say the curbs improperly give Chinese companies favorable access to some materials.

Yi, the commerce minister, repeated Chinese complaints that Washington treats China as a non-market economy. He called that status a Cold War relic and said Beijing hopes it is soon repealed.

"The 'market economy status' is the core of this case. An important reason why the U.S. verdict is so unfavorable to us is that it used double standards rather than the WTO standard that commonly applied by other countries," Yi said. "That's why our companies are treated unfairly and unequally. China is very dissatisfied." (Article written by AP Business Writer, Joe McDonald. November 2009, Manufacturing.net)

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U.S. tool and die employees receive federal assistance

I would imagine this program is available to much more than a handful of employees in Indiana. Tool and die workers have lost jobs throughout the nation because of outsourced work to LCC's. (Statement issuedThursday morning)

The Indiana Department of Workforce Development (DWD) today announced a ruling by the U.S. Department of Labor (DOL) that certain employees of Midwest Tool and Die Corporation, in Fort Wayne, are eligible to receive services under the federal Trade Adjustment Assistance (TAA) program.

The TAA program is made available to workers who are displaced due to foreign imports or shifts in production out of the country.

The federal ruling was issued on October 15, 2009 and applies to workers totally or partially separated from employment on or after May 18, 2008 through two years from the date of certification. The workers produced stamped parts and tooling.

The TAA program provides benefits to help unemployed workers prepare for and obtain suitable employment. They may be eligible for a variety of re-employment services, job search and relocation allowances and training. In addition, weekly trade re-adjustment allowances may be payable to eligible workers following the exhaustion of employment insurance benefits.

Additionally, DOL issued a certification for Re-employment Trade Adjustment Assistance (RTAA) for separated older workers at the Fort Wayne facility. It was found that a significant number of workers at the company age 50 and over possess skills that are not easily transferable and that competitive conditions within the industry are adverse. Older workers may choose between regular TAA benefits or a wage subsidy of 50 percent of the difference between their new salary and old salary, up to $12,000.

Eligible workers may obtain information at their local WorkOne center. A listing of all of the centers can be found at www.workoneworks.com.

(Anne Gregory, The Journal Gazette)

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Ford Engineer Arrested for Stealing Trade Secrets; Gave to Chinese Companies

One person doesn’t represent an entire nation but I’ve heard enough b.s. from some people who have tried to defend LCC (low-cost-countries) tendencies to copy. Granted, it’s a small percentage that have defended it but their responses were something along the lines of how it’s a culturally accepted behavior in places such as China. Oh yeah? Maybe there, but not in America.

Now, we have a former Ford Product Engineer, Xiang Dong Yu (known as "Mike Yu" by his coworkers), a chinese man who stole ("copied") 4,000 Ford docs onto an external hard drive–the night before he quit. He was arrested yesterday and a federal indictment announcement was made 30 minutes ago in Detroit. Some of the propietary files he took were: 

  •   system design specifications connected to engine and transmission mounting systems
  •   steering wheel assembly
  •   interior trim
  •   front/rear side door specs
  •   instrument panel and console systems

From the Detroit Free Press article,"Former Ford Engineer indicted on stealing trade secrets"

A former product engineer for the Ford Motor Co. has been indicted on allegations that he stole trade secrets from the automaker, federal officials in Detroit announced today.

Xiang Dong Yu, aka Mike Yu, 47, of Beijing, China, was arrested Wednesday at Chicago’s O’Hare International Airport after he exited a flight from China. He is charged with theft of trade secrets, attempted theft of trade secrets and unauthorized access to a protected computer.

According to an indictment, Yu was a product engineer for the Ford Motor Co. from 1997 to 2007 and had access to Ford trade secrets, including Ford design documents. In December 2006, Yu accepted a job at the China branch of a U.S. company.

The indictment alleges that on the eve of his departure from Ford and before he told Ford of his new job, Yu copied 4,000 Ford documents onto an external hard drive, including sensitive Ford design documents. Included in those documents were system design specifications for an engine/transmission mounting subsystem, electrical distribution system, electric power supply, electrical subsystem and generic body module, among others.

Yu remains in federal custody in Chicago where he is scheduled to have a detention hearing on Tuesday.

Detroit FBI Special Agent in Charge Andrew Arena said in a statement today: “Michigan, as well as the rest of the United States, is significantly impacted by the auto industry. Theft of trade secrets is a threat to national security and investigating allegations involving theft of trade secrets is a priority for the FBI.”

U.S. Attorney Terrence Berg said: ““Protecting the competitive edge technology of our companies through vigorous enforcement of our federal trade secret laws is a top priority of this office.”

Each of the theft and attempted theft of trade secrets counts carries a maximum penalty of 10 years and a $250,000 fine. The unauthorized access to a protected computer charge carries a maximum penalty of five years and a $250,000 fine.

According to the indictment the stolen Ford documents include: system design specifications connected to engine and transmission mounting systems; outside rear view windows; sliding doors; steering wheel assembly; interior trim; wipers and washers systems; front/rear side door; instrument panel and console systems; sound and heat control and electric power systems.

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