Petitioner Type: Workers
Impact Date:
Filed Date: 12/04/2002
Most Recent Update: 02/07/2003
Determination Date: 02/07/2003
Expiration Date:
Employment and Training Administration
TA-W-50,253
JOHNS-MANVILLE
NATCHEZ, MISSISSIPPI
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on December 4, 2002 in
response to a petition filed on behalf of workers at Johns-
Manville, Natchez, Mississippi. The workers produced roofing
insulation.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that the subject firm did not
import roofing insulation nor shift production of roofing
insulation to a foreign country. The firm is, however, shifting
production to other domestic locations.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of roofing insulation in
2001 and 2002. All respondents reported no imports during the
period under investigation.
Conclusion
After careful review, I determine that all workers of
Johns-Manville, Natchez, Mississippi are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended.
Signed in Washington, D.C. this 7th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance