Petitioner Type: Workers
Impact Date:
Filed Date: 02/19/2003
Most Recent Update: 05/23/2003
Determination Date: 05/23/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,927
SOUTHWIRE COMPANY
SPECIALTY PRODUCTS DIVISION
OSCEOLA, 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, 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 19, 2003 in
response to a petition filed on behalf of workers at the Southwire
Company, Specialty Products Division, Osceola, Arkansas. The
workers at the subject facility produced copper magnet wire and
copper cable. The workers were not separately identifiable by
product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject facility did not
import copper magnet wire or copper cable in 2001 or 2002.
Furthermore, the investigation revealed that the subject
facility did not shift production of copper magnet wire or copper
cable during the relevant period.
The Department of Labor surveyed the subject facility's major
declining customers regarding their purchases of copper magnet wire
and copper cable. This survey revealed negligible imports during
the relevant period.
Conclusion
After careful review, I determine that all workers of
Southwire Company, Specialty Products Division, Osceola, Arkansas
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of May, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance