Petitioner Type: Workers
Impact Date:
Filed Date: 07/17/2003
Most Recent Update: 08/27/2003
Determination Date: 08/27/2003
Expiration Date:
Employment and Training Administration
TA-W-52,339
ADVANCED MANUFACTURING AND DEVELOPMENT INCORPORATED
DBA METALFX
WILLITS, CALIFORNIA
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 17, 2003, in response
to a petition filed on behalf of workers of Advanced Manufacturing
and Development Inc. dba MetalFX, Willits, California. The workers
produced fabricated metal products.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not import fabricated metal products.
The Department conducted a survey of major declining customers
of the subject firm regarding their purchases of fabricated metal
products in 2001, 2002 and January-June 2003. The survey revealed
none of the respondents increased their imports while decreasing
their purchases from the subject firm 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.
Conclusion
After careful review, I determine that all workers of
Advanced Manufacturing and Development Inc. dba MetalFX, Willits,
California are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 27th day of August 2003
/s/ELLIOTT S. KUSHNER
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance