Petitioner Type: Company
Impact Date: 01/08/2002
Filed Date: 01/09/2003
Most Recent Update: 02/13/2003
Determination Date: 02/13/2003
Expiration Date: 04/17/2005
Employment and Training Administration
TA-W-50,530
PHB TOOL AND DIE
GIRARD, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
By application of February 28, 2003, the company requested administrative reconsideration regarding the Department’s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on February 13, 2003, based on the finding that criteria (a)(2)(A) (I.C.) and (a)(2)(B) (II.B) were not met. The denial notice was published in the Federal Register on March 10, 2003 (68 FR 11409).
To support the request for reconsideration, the company provided additional information that their sole customer, PHB Die Casting, Fairview, Pennsylvania had recently been certified for trade adjustment assistance (TA-W-42,331).
Upon examination of the data supplied by the applicant, it became apparent that PHB Tool and Die workers provided molds and
dies used in the production of die castings at an affiliated certified facility (PHB Die Casting, Fairview, Pennsylvania).
Conclusion
After careful review of the additional facts obtained on reconsideration, I determine that increased imports of articles like or directly competitive with those produced at an affiliated TAA certified firm contributed importantly to the declines in the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"Workers of PHB Tool and Die, Girard, Pennsylvania, who became totally or partially separated from employment on or after January 8, 2002 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 17th day of April 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,530
PHB TOOL AND DIE
GIRARD, 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 9, 2003 in
response to a petition filed by a company official on behalf of
workers at PHB Tool and Die, Girard, Pennsylvania. The workers
produced molds and dies.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of molds or dies, nor was there a shift in production
from PHB Tool and Die, Girard, Pennsylvania to a foreign
country.
The United States Department of Labor conducted a survey of
the subject firm's customers regarding their purchases of molds
and dies during 2001 and 2002. The survey revealed no imports
of molds and dies in the relevant period.
Conclusion
After careful review, I determine that all workers of PHB
Tool and Die, Girard, 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 13th day of February 2003.
/s/ Richard Church
____________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance