Petitioner Type: Union
Impact Date: 01/07/2002
Filed Date: 01/13/2003
Most Recent Update: 03/07/2003
Determination Date: 03/07/2003
Expiration Date: 07/30/2005
Employment and Training Administration
TA-W-50,544
FIRESTONE TUBE COMPANY
RUSSELLVILLE, ARKANSAS
Notice of Revised Determination
On Reopening
On May 15, 2003, the Department, on its own motion, reopened
its investigation for the former workers of the subject firm.
The initial investigation was initiated on January 13, 2003,
and resulted in a negative determination issued on March 7, 2003.
The investigation findings showed that increases in imports of
rubber inner tubes produced by Firestone Tube Company in
Russellville, Arkansas, did not contribute importantly to the
employment, sales or production declines at that firm.
Furthermore, the firm did not shift production of rubber inner
tubes from the plant to a foreign country from 2000 through
September 2002. The denial notice was published in the Federal
Register on March 26, 2003 (68 FR 14706).
The Department has obtained new information showing that the
increases in company imports of inner tubes were like or directly
competitive with those that could have been produced at the
Russellville, Arkansas plant, had the machinery used to produced
them not been shipped out of the plant during the final quarter
of 2002. The workers are not separately identifiable by product
line at the plant.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that increased imports of articles
like or directly competitive with inner tubes produced by
Firestone Tube Company, Russellville, Arkansas, contributed
importantly to the decline in sales or production and to the
total or partial separation of workers of the subject firm.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Firestone Tube Company, Russellville,
Arkansas, who became totally or partially separated from
employment on or after January 7, 2002, through two years
from the date of certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C. this 30th day of July 2003.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,544
FIRESTONE TUBE COMPANY
RUSSELLVILLE, ARKANSAS
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 January 13, 2003 in
response to a petition filed by United Steelworkers of America,
Local 884, on behalf of workers at Firestone Tube Company,
Russellville, Arkansas. The workers produced rubber inner tubes.
The investigation revealed that criterion I.C. and II.B. have
not been met.
Imports by the subject firm are a grouping of small size tubes
which cannot be produced at the subject facility due to lack of
equipment and thus are not like or directly competitive with
production at the subject firm.
The Department of Labor conducted a survey of major customers of the survey firm
regarding their purchases of rubber inner tubes in 2000, 2001 and January-September
2002. The survey revealed that increased purchases of rubber inner
tubes from foreign firms were very minimal did not contribute
importantly to separations at the subject firm.
There has not 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.
Conclusion
After careful review, I determine that all workers of
Firestone Tube Company, Russellville, Arkansas 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 March 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance