Petitioner Type: Company
Impact Date:
Filed Date: 07/21/2003
Most Recent Update: 09/11/2003
Determination Date: 09/11/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,353
NEVAMAR COMPANY, LLC
WAVERLY, VIRGINIA
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222(a) of the
Act must be met:
(1) 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;
(2) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(3) increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have increased; and the increase in imports
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
(4) the 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 either (i)
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; (ii) 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
(iii) 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 21, 2003 in
response to a petition filed by a company official on behalf of
workers at Nevamar Company, LLC, Waverly, Virginia. Workers
produced particleboard.
The investigation revealed that criteria (3) and (4) have
not been met.
The subject firm did not import particleboard nor did it
shift production of particleboard to a foreign country.
A Departmental survey of major customers of the subject firm
regarding their purchases of particleboard revealed no imports in
the relevant periods.
Petitioners also filed as adversely affected secondary
workers as suppliers to a firm or subdivision primarily affected
by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222
(b) must be met:
(1) 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;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
The investigation revealed that criteria (2) and (3) have
not been met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
Workers of the company to which the subject firm supplied
particleboard have not been certified as eligible to apply for
trade adjustment assistance.
Conclusion
After careful review, I determine that all workers of Nevamar
Company, LLC, Waverly, Virginia 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 September 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,353
NEVAMAR COMPANY, LLC
WAVERLY, VIRGINIA
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222(a) of the
Act must be met:
(1) 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;
(2) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(3) increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have increased; and the increase in imports
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
(4) the 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 either (i)
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; (ii) 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
(iii) 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 21, 2003 in
response to a petition filed by a company official on behalf of
workers at Nevamar Company, LLC, Waverly, Virginia. Workers
produced particleboard.
The investigation revealed that criteria (3) and (4) have
not been met.
The subject firm did not import particleboard nor did it
shift production of particleboard to a foreign country.
A Departmental survey of major customers of the subject firm
regarding their purchases of particleboard revealed no imports in
the relevant periods.
Petitioners also filed as adversely affected secondary
workers as suppliers to a firm or subdivision primarily affected
by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222
(b) must be met:
(1) 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;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
The investigation revealed that criteria (2) and (3) have
not been met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
Workers of the company to which the subject firm supplied
particleboard have not been certified as eligible to apply for
trade adjustment assistance.
Conclusion
After careful review, I determine that all workers of Nevamar
Company, LLC, Waverly, Virginia 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 September 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance