Petitioner Type: Company
Impact Date:
Filed Date: 02/11/2003
Most Recent Update: 04/25/2003
Determination Date: 04/25/2003
Expiration Date:
Employment and Training Administration
TA-W-50,860
CANNONDLAE CORPORATION
MOTORSPORTS PLANT
BEDFORD, 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 February 11, 2003 in
response to a petition filed by a company official on behalf of
workers at Cannondale Corporation, Motorsports Plant, Bedford,
Pennsylvania. The workers produce motorcycles and ATVs.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm is not importing products like or directly
competitive with products produced at the Bedford, Pennsylvania
facility, nor have they shifted production abroad.
The Department of Labor surveyed the major customers of the
subject firm regarding their purchases of motorcycles and ATVs
during 2001, 2002 and January through February 2003 over the
corresponding 2002 period. The survey revealed that the
customers did not increase their import purchases, while
decreasing their purchases from the subject plant during the
period under investigation.
Conclusion
After careful review, I determine that all workers of
Cannondale Corporation, Motorsports Plant, Bedford, 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 25th day of April 2003.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance