Denied
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TAW-50449  /  PTC Alliance (Darlington, PA)

Petitioner Type: Union
Impact Date:
Filed Date: 01/03/2003
Most Recent Update: 01/17/2003
Determination Date: 01/17/2003
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,449

PTC ALLIANCE
DARLINGTON, PENNSYLVANIA

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 January 3, 2003 in
response to a petition filed by United Steelworkers of America;
Local 9305-5 on behalf of workers at PTC Alliance, Darlington,
Pennsylvania. The workers produced steel tubular hollows.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The petitioner cites that workers of PTC Alliance,
Darlington, Pennsylvania, supply the steel tubular hollows to a
trade impacted firm. The investigation revealed that the vast
majority of production at the Darlington plant is used by other
PTC Alliance manufacturers.
The investigation revealed that there were no company
imports of steel tubular hollows, nor was there a shift in
production from PTC Alliance, Darlington, Pennsylvania to a
foreign country.
Conclusion
After careful review, I determine that all workers of PTC
Alliance, Darlington, Pennsylvania, 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 17th day of January 2003



/s/Linda G. Poole_____________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance