Petitioner Type: Company
Impact Date:
Filed Date: 07/10/2003
Most Recent Update: 08/18/2003
Determination Date: 08/18/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,277
HUBBELL INCORPORATED
KILLARK DIVISION
LOUISIANA, MISSOURI
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 July 10, 2003 in
response to a petition filed on behalf of workers at Hubbell
Incorporated, Killark Division, Louisiana, Missouri. The
workers produced aluminum electrical products and lighting
products.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation also revealed that production increased
and employment declined from 2001 to 2002. Sales, production
and employment at the subject firm declined from January through
June 2003 when compared to the same time period in 2002.
The investigation also revealed that the subject firm
neither imported aluminum electrical products and lighting
products from another country nor did the subject firm shift
production of aluminum electrical products and lighting products
to a country that is part of a free trade agreement with the
United States from 2001 to 2002 and also from January through
June 2003 when compared to the same time period in 2002.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of aluminum
electrical products and lighting products from the subject firm.
The subject firm's major declining customers reported no import
purchases during the period under investigation.
Conclusion
After careful review, I determine that all workers of
Hubbell Incorporated, Killark Division, Louisiana, Missouri, 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 18th day of August, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance