Denied
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TAW-52782  /  Progessive Processing (Elyria, OH)

Petitioner Type: Company
Impact Date:
Filed Date: 09/09/2003
Most Recent Update: 09/25/2003
Determination Date: 09/25/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,782

PROGRESSIVE PROCESSING, INC.
ELYRIA, OHIO

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and Alternative Trade
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 an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers as suppliers of component parts 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
the 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 was initiated on September 9, 2003 in
response to a petition filed by the United Steel Workers of
America, Local 2354, on behalf of workers of Progressive
Processing, Inc., Elyria, Ohio. The workers produce processed
steel bars.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that was certified as
eligibility to apply for trade adjustment assistance benefits,
Republic Engineered Products, Lorain, Ohio.
The investigation revealed, however, that was not the case.
Republic Engineered Products, Lorain, Ohio is not a trade-
certified company and, therefore, cannot be the basis for the
subject company's certification.
The Department of Labor conducted a survey of the subject
company's major customer regarding its purchases of processed
steel bars during the time periods 2001, 2002, January-August
2003 and January-August 2002. The survey revealed no increased
import purchases during the period surveyed.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.






Conclusion
After careful review, I determine that all workers covered
by this petition of Progressive Processing, Inc., Elyria, Ohio
do not qualify as adversely affected secondary workers and are
denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of September 2003

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance