Petitioner Type: Company
Impact Date: 03/27/2002
Filed Date: 04/04/2003
Most Recent Update: 04/18/2003
Determination Date: 04/18/2003
Expiration Date: 06/03/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,419
VAISALA, INC.
A WHOLLY OWNED SUBSIDIARY OF VAISAL OYJ
COLUMBUS OPERATIONS
PLAIN CITY, OHIO
Notice of Revised Determination
on Reconsideration
By application of May 2, 2003, a worker requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on April 18, 2003 based on the finding that
imports of automated weather observation systems (AWOS) did not
contribute importantly to worker separations at the subject
plant. The denial notice was published in the Federal Register
on May 7, 2003 (68 FR 24503).
To support the request for reconsideration, the worker
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, it was revealed that, subsequent to
the closure of the plant, the company shifted production to one
of their foreign facilities and began importing components of the
AWOS system that were like or directly competitive with
components produced at the subject facility in the relevant
period. It was also determined that the production of these
components at the subject facility comprised a significant
portion of overall production.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to a foreign source of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Vaisala, Inc., A Wholly Owned Subsidiary of
Vaisala OYJ, Columbus Operations, Plain City, Ohio, who
became totally or partially separated from employment on or
after March 27, 2002 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 3rd day of June 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,419
VAISALA, INC.
A WHOLLY OWNED SUBSIDIARY OF VAISAL OYJ
COLUMBUS OPERATIONS
PLAIN CITY, OHIO
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 April 4, 2003 in response
to a petition filed by a company official on behalf of workers at
Vaisala, Inc., a wholly owned subsidiary of Vaisala OYG, Columbus
Operations, Plain City, Ohio. The workers at the subject facility
produced automated weather observation systems, and performed sales
and after sales services.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that there were no company imports
of automated weather observation systems, nor was there a shift in
production of automated weather observation systems from the
subject facility to a foreign country during the period under
investigation.
The investigation revealed that the preponderance in declines
at the subject facility was directly attributable to a shift in
production from the subject facility to a Vaisala, Inc. facility in
Boulder, Colorado.
Conclusion
After careful review, I determine that all workers of Vaisala,
Inc., a wholly owned subsidiary of Vaisala OYG, Columbus
Operations, Plain City, Ohio, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of April, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,419
VAISALA, INC.
A WHOLLY OWNED SUBSIDIARY OF VAISAL OYJ
COLUMBUS OPERATIONS
PLAIN CITY, OHIO
Notice of Revised Determination
on Reconsideration
By application of May 2, 2003, a worker requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on April 18, 2003 based on the finding that
imports of automated weather observation systems (AWOS) did not
contribute importantly to worker separations at the subject
plant. The denial notice was published in the Federal Register
on May 7, 2003 (68 FR 24503).
To support the request for reconsideration, the worker
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, it was revealed that, subsequent to
the closure of the plant, the company shifted production to one
of their foreign facilities and began importing components of the
AWOS system that were like or directly competitive with
components produced at the subject facility in the relevant
period. It was also determined that the production of these
components at the subject facility comprised a significant
portion of overall production.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to a foreign source of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Vaisala, Inc., A Wholly Owned Subsidiary of
Vaisala OYJ, Columbus Operations, Plain City, Ohio, who
became totally or partially separated from employment on or
after March 27, 2002 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 3rd day of June 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,419
VAISALA, INC.
A WHOLLY OWNED SUBSIDIARY OF VAISAL OYJ
COLUMBUS OPERATIONS
PLAIN CITY, OHIO
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 April 4, 2003 in response
to a petition filed by a company official on behalf of workers at
Vaisala, Inc., a wholly owned subsidiary of Vaisala OYG, Columbus
Operations, Plain City, Ohio. The workers at the subject facility
produced automated weather observation systems, and performed sales
and after sales services.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that there were no company imports
of automated weather observation systems, nor was there a shift in
production of automated weather observation systems from the
subject facility to a foreign country during the period under
investigation.
The investigation revealed that the preponderance in declines
at the subject facility was directly attributable to a shift in
production from the subject facility to a Vaisala, Inc. facility in
Boulder, Colorado.
Conclusion
After careful review, I determine that all workers of Vaisala,
Inc., a wholly owned subsidiary of Vaisala OYG, Columbus
Operations, Plain City, Ohio, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of April, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance