Petitioner Type: Union
Impact Date:
Filed Date: 06/10/2003
Most Recent Update: 07/11/2003
Determination Date: 07/11/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,989
COATES SCREEN
EAST RUTHERFORD, NEW JERSEY
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 June 10, 2003, in response
to a petition filed by Union of Needletrades, Industrial and
Textile Employees, New York-New Jersey Regional Joint Board, Dyers
District on behalf of workers of Coates Screen, East Rutherford,
New Jersey. The workers produced screen printing inks.
The investigation revealed that criteria I.C and II.B have not
been met.
Evidence developed in the course of the investigation revealed
that the company underwent a restructuring of its printing inks
capability in order to reduce cost. As a consequence, production at
the subject plant was ceased and all production transferred to
another domestic company production facility.
Sales remained relatively stable in 2002 compared to 2001
through the period of time the plant ceased production.
There has not 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, nor did the company import products like or directly
competitive with what the subject plant produced.
Conclusion
After careful review, I determine that all workers of Coates
Screen, East Rutherford, New Jersey are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 11th day of July 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance