Petitioner Type: Company
Impact Date:
Filed Date: 09/24/2003
Most Recent Update: 11/20/2003
Determination Date: 11/20/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,962
PA-TED SPRING COMPANY OF NORTH CAROLINA
BELMONT, NORTH CAROLINA
TA-W-52,962A
PA-TED SPRING COMPANY, INC
BRISTOL, CONNECTICUT
TA-W-52,962B
PA-TED SPRING COMPANY OF EL PASO
EL PASO, TEXAS
Notice of Determinations 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 September 24, 2003 in
response to a petition filed by a company official on behalf of
workers at Pa-Ted Spring Company of North Carolina (TA-W-52,962),
Pa-Ted Spring Company, Inc., Bristol, Connecticut (TA-W-52,962A)
and Pa-Ted Spring Company of El Paso, Texas (TA-W-52,962B).
Workers at the Bristol, Connecticut (TA-W-52,962A) facility
produced metal coil, torsion and four slide springs. Workers at
the El Paso, Texas (TA-W-52962) facility produced metal torsion and
four-slide springs.
With respect to workers of Pa-Ted Spring Company, Inc.,
Bristol, Connecticut (TA-W-52,962A), it has been determined that
the requirements of (a)(2)(A) of Section 222 have been met.
The investigation revealed that sales and employment at the
subject firm declined in January through September of 2003, when
compared with the same period one year earlier.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of metal coil, torsion and
four-slide springs in 2001, 2002 and January through August 2003.
The survey revealed that respondents increased their reliance on
imported springs during the period under investigation.
With respect to workers of Pa-Ted Spring Company of El Paso,
Texas (TA-W-52,962B), it has been determined that criteria (I.C)
and (II.B) have not been met.
The Department of Labor surveyed the El Paso facility's major
customers regarding their purchases of metal torsion and four-slide
springs. The survey revealed respondents did not import during the
period under investigation.
With respect to workers of Pa-Ted Springs Company of North
Carolina, Belmont, North Carolina (TA-W-52,962), none of the
criteria has been met. Workers at the facility were separated more
than one year before the date of the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with metal coil, torsion and four
springs produced at Pa-Ted Spring Company, Inc., Bristol,
Connecticut (TA-W-52,962A) 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 Pa-Ted Spring Company, Inc., Bristol,
Connecticut (TA-W-52,962A) who became totally or partially
separated from employment on or after September 3, 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."
Furthermore, after careful review, I determine that all
workers of Pa-Ted Spring Company of El Paso, Texas (TA-W-52,962B),
and all workers of Pa-Ted Springs Company of North Carolina,
Belmont, North Carolina (TA-W-52,962) are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 20th day of November 2003.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance