Petitioner Type: State
Impact Date:
Filed Date: 02/04/2003
Most Recent Update: 03/21/2003
Determination Date: 03/21/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,782
EMCO FLOW SYSTEMS
LONGMONT, COLORADO
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 February 4, 2003 in
response to a petition filed by the Colorado Workforce Center on
behalf of workers at EMCO Flow Systems, Longmont, Colorado. The
subject firm is a subsidiary of Advanced Energy Industries, Inc.
The workers produced industrial flowmeters and mass flow
controllers.
The investigation revealed that criterion I.C. and II.B. have
not been met.
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. The company intends to shift production from the
subject facility to foreign countries beginning in April 2003, more
than 40 days from the date of the petition and outside of the
period of investigation. Shortly after the shifts occur the
company will begin to import back to the United States. The
petitioner is encouraged to reapply at or near the time the shifts
in production begin.
U.S. imports of electrical instruments and apparatus for
measuring or checking the flow or level of liquids decreased in
2002 compared to 2001 and in January 2003 compared to January 2002.
The Department conducted a survey of a major declining
customer of the subject firm regarding its purchases of industrial
flowmeters and mass flow controllers in January-November 2001 and
January-November 2002. The survey revealed that the respondent did
not import in the relevant period.
Conclusion
After careful review, I determine that all workers of EMCO
Flow Systems, Longmont, Colorado 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 21st day of March 2003
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,782
EMCO FLOW SYSTEMS
LONGMONT, COLORADO
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 February 4, 2003 in
response to a petition filed by the Colorado Workforce Center on
behalf of workers at EMCO Flow Systems, Longmont, Colorado. The
subject firm is a subsidiary of Advanced Energy Industries, Inc.
The workers produced industrial flowmeters and mass flow
controllers.
The investigation revealed that criterion I.C. and II.B. have
not been met.
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. The company intends to shift production from the
subject facility to foreign countries beginning in April 2003, more
than 40 days from the date of the petition and outside of the
period of investigation. Shortly after the shifts occur the
company will begin to import back to the United States. The
petitioner is encouraged to reapply at or near the time the shifts
in production begin.
U.S. imports of electrical instruments and apparatus for
measuring or checking the flow or level of liquids decreased in
2002 compared to 2001 and in January 2003 compared to January 2002.
The Department conducted a survey of a major declining
customer of the subject firm regarding its purchases of industrial
flowmeters and mass flow controllers in January-November 2001 and
January-November 2002. The survey revealed that the respondent did
not import in the relevant period.
Conclusion
After careful review, I determine that all workers of EMCO
Flow Systems, Longmont, Colorado 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 21st day of March 2003
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance