Petitioner Type: Workers
Impact Date:
Filed Date: 07/25/2003
Most Recent Update: 08/29/2003
Determination Date: 08/29/2003
Expiration Date:
Employment and Training Administration
TA-W-52,400
KOLLSMAN, INC.
A WHOLLY OWNED SUBSIDIARY OF EFW, INC.
MERRIMACK, NEW HAMPSHIRE
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 25, 2002 in
response to a petition filed on behalf of workers at Kollsman,
Inc., a wholly owned subsidiary of EFW, Inc., Merrimack, New
Hampshire. The workers produce a variety of avionics and defense
systems; they are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(II.B) were not met.
The investigation indicated that sales at the subject firm
increased absolutely from 2001 to 2002 and during the period of
January to June of 2003, when compared to the same period in
2002.
Furthermore, the investigation revealed that the subject
firm did not shift production of its avionics and defense
systems abroad during the relevant period.
Conclusion
After careful review, I determine that all workers of
Kollsman, Inc., a wholly owned subsidiary of EFW, Inc.,
Merrimack, New Hampshire are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 29th day of August, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance