Petitioner Type: Workers
Impact Date:
Filed Date: 12/10/2002
Most Recent Update: 02/11/2003
Determination Date: 02/11/2003
Expiration Date:
Employment and Training Administration
TA-W-50,287
CORNING CABLE SYSTEMS
TELECOMMUNICATIONS CABLE PLANT
HICKOR, NORTH CAROLINA
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, 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 10, 2002 in
response to a petition filed on behalf of workers at Corning Cable
Systems, Telecommunication Cable Plant, Hickory, North Carolina.
The workers produce domestic ribbon and slotted core ribbon.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject firm did not
import products like or directly competitive with domestic ribbon
or slotted core ribbon during the relevant period of 2001 to 2002.
The Department of Labor surveyed the subject firms' major
customers regarding their purchases of domestic ribbon in 2000
through November 2002. The survey revealed that none of the
customers imported like or directly competitive products during the
period under investigation.
Evidence revealed that company sales and production of slotted
core ribbon increased in 2000 through 2002.
Conclusion
After careful review, I determine that all workers of Corning
Cable Systems, Telecommunication Cable Plant, Hickory, North
Carolina 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 11th day of February 2003.
/s/ Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance