Petitioner Type: Workers
Impact Date: 09/18/2002
Filed Date: 09/26/2003
Most Recent Update: 12/02/2003
Determination Date: 12/02/2003
Expiration Date: 12/02/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,006
CENTRAL PRODUCTS
DBA INTERTAPE POLYMER GROUP
BRIGHTON, COLORADO
Notice of 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 September 26, 2003, in response to a petition filed on behalf of workers of Central Products, dba Intertape Polymer Group, Brighton, Colorado. The workers produced pressure sensitive carton sealing tape. Workers are separately identifiable by product line.
It has been determined with respect to workers at Central Products, dba Intertape Polymer Group, Brighton, Colorado in the converting area producing pressure sensitive carton sealing tape without regard to whether any of the other criteria have been met, the following criteria I.C. and II.B. have not been met.
Significant layoff of workers occurred in the converting area of the subject plant in May 2003; however, combined sales of final products increased in the fourth quarter of 2002 compared to the same period in 2001 and in the first three quarters of 2003 compared to the same period in 2002.
The company did not import nor has there been a shift production from the subject plant of articles like or directly competitive with those produced at the subject plant to a facility abroad in the relevant period.
It has been determined with respect to workers at Central Products, dba Intertape Polymer Group, Brighton, Colorado on the film line producing tape film for pressure sensitive carton sealing tape that all of the criteria have been met.
Significant layoff of workers on the film line occurred in August 2003.
Workers on the film line produced a significant percentage of tape film that was used in the production of pressure sensitive tape at another company owned facility whose workers were under active certification in the relevant period. All workers of Intertape Polymer Group, Inc., Central Products Company, Richmond, Kentucky were certified as eligible to apply for adjustment assistance on February 28, 2002 (TA-W-40,783).
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with pressure sensitive tape produced at Intertape Polymer Group, Inc., Central Products Company, Richmond, Kentucky to which the subject plant supplied tape film 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 Central Products, dba Intertape Polymer Group, Brighton, Colorado on the film line producing tape film who became totally or partially separated from employment on or after September 18, 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
I further determine that all workers of Central Products, dba Intertape Polymer Group, Brighton, Colorado in the converting area producing pressure sensitive carton sealing tape are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of December 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance