DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,902

BUFFALO CHINA, INC.
BUFFALO, NEW YORK


Certification 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 its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on September 23, 2003 in
response to a petition filed by Glass, Molder, Pottery Union, Local
76A on behalf of workers at Buffalo China, Inc., Buffalo, New York.
The workers at the subject firm produced ceramic dinnerware.
The investigation revealed that sales, production and
employment at the subject firm decreased during the period of
February though September of 2003 when compared to the same time
period in 2002.
The investigation further revealed that the subject firm
increased their imports of ceramic dinnerware during the period
under investigation.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the subject firm are age 50
or over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of ceramic
dinnerware produced at Buffalo China, Inc., Buffalo, New York
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:

"All workers of Buffalo China, Inc., Buffalo, New York, who
became totally or partially separated from employment on or
after September 4, 2002 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 7th day of November, 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance