Petitioner Type: Workers
Impact Date:
Filed Date: 06/17/2003
Most Recent Update: 08/15/2003
Determination Date: 08/15/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,052
CORNING CABLE SYSTEMS
TELECOMMUNICATIONS CABLE PLANT (TCP)
HICKORY, NORTH CAROLINA
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 17, 2003, in response
to a petition filed on behalf of workers of Corning Cable Systems,
Telecommunications Cable Plant (TCP), Hickory, North Carolina. The
workers produced domestic and slotted core ribbon.
Slotted Core Ribbon
The investigation revealed that criteria I.C. and II.C have
not been met.
Sales and production of slotted core ribbon increased in 2002
compared to 2001 and in January-May 2003 compared to the same
period in 2002.
Evidence developed in the course of the investigation revealed
that these products are for the export market only.
The company began to shift production of slotted core ribbon
from the subject facility to Japan in January-May 2003. However,
the company will not import slotted core ribbon to the United
States.
Domestic Ribbon
The investigation revealed that criteria I.C. and II.B have
not been met.
The Department issued a negative determination applicable to
the petitioning group of workers on February 11, 2003 (TA-W-
50,287).
The Department conducted a survey of major customers of the
subject firm regarding their purchases of domestic ribbon in
December 2001, December 2002, January-July 2002, and January-July
2003. The survey revealed that the respondents did not import in
the relevant period.
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 subject firm import domestic ribbon during
the relevant period.
Conclusion
After careful review, I determine that all workers of
Corning Cable Systems, Telecommunications Cable Plant (TCP),
Hickory, North Carolina are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 15th day of August 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance