Petitioner Type: Company
Impact Date: 06/19/2002
Filed Date: 07/11/2003
Most Recent Update: 09/15/2003
Determination Date: 09/15/2003
Expiration Date: 09/15/2005
Employment and Training Administration
TA-W-52,291
STERLING CHINA COMPANY
WELLSVILLE, OHIO
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated November 9, 2004, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Wellsville, Ohio.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the china, fine earthenware and
other pottery products industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Sterling China Company, Wellsville, Ohio who
became totally or partially separated from employment on or
after June 19, 2002 through September 15, 2005 are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 6th day of July 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,291
STERLING CHINA COMPANY
WELLSVILLE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated in response to a petition
received on July 11, 2003 and filed on behalf of workers at
Sterling China Company, Wellsville, Ohio. The workers produced
china dinnerware\tableware.
The investigation revealed that sales, production and
employment declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of
dinnerware\tableware during 2001, 2002 and January through June
2003. The survey revealed that respondents increased their
imports while decreasing their purchases from the subject firm
during the relevant periods.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with dinnerware\tableware produced
at Sterling China Company, Wellsville, Ohio contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or
subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Sterling China Company, Wellsville, Ohio who
became totally or partially separated from employment on or
after June 19, 2002 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C., this 15th day of September 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.