Petitioner Type: Union
Impact Date:
Filed Date: 04/30/2003
Most Recent Update: 06/03/2003
Determination Date: 06/03/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,639
SAMUEL STRAPPING SYSTEMS, INC.
WINCHESTER, TENNESSEE
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 April 30, 2003 in
response to a petition filed by the United Steel Workers of
America, AFL-CIO-CLC on behalf of workers at Samuel Strapping
Systems, Inc., Winchester, Tennessee. The workers produce
polypropylene strapping.
The investigation revealed that criteria (I.B) and (II.B)
have not been met.
Sales and production at the subject increased in 2002 as
compared with 2001 and in the period of January-March 2003
compared with 2002.
The investigation also revealed that the subject firm did
not shift production to a foreign country.
The declines in employment at the subject plant are
attributed to a formed joint venture between the subject firm and
another domestic company. Production will be conducted at
another domestic location.
Conclusion
After careful review, I determine that all workers of Samuel
Strapping Systems, Inc., Winchester, Tennessee, 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 3rd day of June 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance