Petitioner Type: Company
Impact Date: 02/05/2002
Filed Date: 03/17/2003
Most Recent Update: 04/25/2003
Determination Date: 04/25/2003
Expiration Date: 05/06/2005
Employment and Training Administration
TA-W-51,175
JAMESTOWN PRECISION TOOLING, INC.
JAMESTOWN DIVISION
JAMESTOWN, NEW YORK
Notice of Revised Determination
On Reopening
On May 5, 2003, the Department, on its own motion, reopened
its investigation for the former workers of the subject firm.
The initial investigation resulted in a negative
determination issued on April 25, 2003, based on the finding that
the workers’ firm did not shift production of tool and die
components to a foreign country, nor did the company or its
customers import tool and die components from 2001 through
February 2003. The denial notice will soon be published in the
Federal Register.
A late response to the customer survey conducted by the
Department revealed that this customer of the subject firm
increased import purchases of tool and die components while
reducing purchases from Jamestown Precision Tooling Inc.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that increased imports of articles
like or directly competitive with tool and die components
produced by Jamestown Precision Tooling, Inc., Jamestown
Division, Jamestown, New York, contributed importantly to the
decline in sales 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 Jamestown Precision Tooling, Inc., Jamestown
Division, Jamestown, New York, who became totally or
partially separated from employment on or after February 5,
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 6th day of May 2003.
/s/Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,175
JAMESTOWN PRECISION TOOLING, INC.
JAMESTOWN DIVISION
JAMESTOWN, NEW YORK
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 March 17, 2003 in response
to a petition filed on behalf of workers at Jamestown Precision
Tooling, Inc., Jamestown Division, Jamestown, New York. The
workers produced tool and die components.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation further revealed that the subject firm did
not import tool and die components, nor did the subject firm shift
production of tool and die components to a foreign country.
Furthermore, the investigation revealed that the subject firm
shifted production domestically.
The Department of Labor also surveyed the subject firm’s major
declining customers regarding their purchases of tool and die
components. The survey revealed no import purchases during the
period under investigation.
Conclusion
After careful review, I determine that all workers of
Jamestown Precision Tooling, Inc., Jamestown Division, Jamestown,
New York, 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/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance