Petitioner Type: Company
Impact Date:
Filed Date: 07/28/2003
Most Recent Update: 10/10/2003
Determination Date: 10/10/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,410
RADIO FREQUENCY SERVICES, INC.
WILKESBORO, NORTH CAROLINA
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 28, 2003, in
response to a petition filed by a company official on behalf of
workers of Radio Frequency Services, Inc., Wilkesboro, North
Carolina. The workers produce high frequency gluing equipment
for the woodworking industry.
The investigation revealed that criteria I.C and II.B are
not met.
The subject firm has not shifted production of high
frequency gluing equipment for the woodworking industry to an
offshore location, nor does it import such articles.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
high frequency gluing equipment for the woodworking industry
during 2001, 2002, and January through July 2003 over the
corresponding 2002 period. The survey revealed that major
customers did not increase their purchases of imported high
frequency gluing equipment for the woodworking industry, while
decreasing their purchases from the subject firm during the
relevant time period.
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.
The subject firm did not supply a component to a primary
firm whose workers have been certified as trade impacted. The
gluing equipment produced by the subject firm is used in the
manufacturing process and is thus not a component part of the
article that was the basis of the certification of the primary
firm.
Conclusion
After careful review, I determine that all workers of Radio
Frequency Services, Inc., Wilkesboro, North Carolina, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D.C. this 10th day of October 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance