Petitioner Type: Company
Impact Date:
Filed Date: 02/28/2003
Most Recent Update: 04/09/2003
Determination Date: 04/09/2003
Expiration Date:
Employment and Training Administration
TA-W-51,020
SHALMET CORPORATION
ORWIGSBURG, PENNSYLVANIA
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on February 28, 2003 in
response to a petition filed by a company official on behalf of
workers of Shalmet Corporation, Orwigsburg, Pennsylvania. The
workers produce steel bar & coil.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a downstream producer for firm that has in-
creased imports from Canada or Mexico or shifted production to
Canada or Mexico. The investigation revealed, however, that was
not the case.
The investigation revealed that the primary firm did not
receive a certification of eligibility to apply for Trade
Adjustment Assistance based on increased imports from Canada or
Mexico or shifts of production to Canada or Mexico as required
in the law.
Conclusion
After careful review, I determine that all workers covered
by this petition of Shalmet Corporation, Orwigsburg, Pennsyl-
vania do not qualify as adversely affected secondary workers and
are denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974 as amended.
Signed at Washington, D.C., this 9th day of April 2003.
/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance