Petitioner Type: Workers
Impact Date:
Filed Date: 11/06/2002
Most Recent Update: 02/03/2003
Determination Date: 02/03/2003
Expiration Date:
Employment and Training Administration
TA-W-50,016
LAIRD TECHONOLGIES
DELAWARE WATERGAP, PENNSYLVANIA
Notice of Negative Determination
On Reconsideration
By application of February 11, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on February 3, 2003,
and will soon be published in the Federal Register.
The petition for the workers of Laird Technologies, Delaware
Watergap, Pennsylvania was denied because the “contributed
importantly” group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through a survey of
customers of the workers’ firm. The survey revealed that none of
the respondents increased their purchases of imported metal
stampings.
The petitioner states that the Department did not address
allegations indicated in the petition of the subject firm as a
“secondarily” affected firm. The petitioner further states that a
list of trade certified firms that were also subject firm
customers was attached to the petition.
Upon review of the original investigation, it appears that
the Department overlooked the petitioners’ assertion that they
acted as an upstream supplier to firms listed on an attached page
that were allegedly trade certified. A company official was
contacted in regard to this list of customers in order to
establish which facility locations may have been customers of the
subject firm in the relevant period, and the amount of business
that these customers accounted for at the subject firm. Of the
listed firms that were revealed as trade certified, the customer
sales data provided by the company official revealed that these
customers cumulatively accounted for a negligible amount of the
customer base, and thus did not contribute to layoffs at the
subject firm.
Furthermore, as established in the original investigation,
the preponderance in sales, production and employment declines
are attributed to the subject firm’s shifting a portion of
production that services the export market, and therefore is
unrelated to import impact.
In conclusion, the “upstream supplier” group eligibility
requirement of Section 222(b) of the Trade Act of 1974, as
amended, was not met.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Laird
Technologies, Delaware Watergap, Pennsylvania.
Signed at Washington, D.C. this 2nd day of April, 2003
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance