Petitioner Type: Company
Impact Date:
Filed Date: 09/26/2003
Most Recent Update: 10/24/2003
Determination Date: 10/24/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,012
NITRAM, INC.
TAMPA, FLORIDA
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 September 25, 2003 in
response to a petition filed by a company official on behalf of
workers of Nitram, Inc., Tampa, Florida. The workers produce
ammonium nitrate.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not shift production of ammonium nitrate
to foreign locations, nor did it import ammonium nitrate.
The Department surveyed major customers of the subject firm
regarding their purchases of ammonium nitrate in 2001, 2002 and
January to September, 2002-2003. Imports of ammonium nitrate by
the major customers were very minimal and did not contribute
importantly to worker separations at the subject firm.
Conclusion
After careful review, I determine that all workers of
Nitram, Inc., Tampa, Florida are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 24th day of October 2003.
/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance