Petitioner Type: Company
Impact Date:
Filed Date: 09/26/2003
Most Recent Update: 11/19/2003
Determination Date: 11/19/2003
Expiration Date:
Employment and Training Administration
TA-W-53,023
CARDINAL GLASS INDUSTRIES, INC.
SEXTONVILLE, WISCONSIN
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. 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 facility, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B. the sales or production, or both, of such facility 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 by a company official on behalf of
workers at of Cardinal Glass Industries, Inc., Sextonville,
Wisconsin. The workers at the subject facility produce glass
handling equipment.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II.B) have not been met.
The investigation determined that worker separations at the
Sextonville, Wisconsin, plant are attributable to the plant
closing and shifting production of glass handling equipment to
another domestic location of the firm.
The glass handling equipment produced by the subject firm
is used at the company's manufacturing facilities to produce
glass. The investigation revealed that Cardinal Glass
Industries, Inc. did not import glass handling equipment, nor
did the subject firm shift production of glass handling
equipment from Sextonville, Wisconsin, to a foreign country.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Cardinal Glass
Industries, Inc., Sextonville, Wisconsin covered by the petition
filed on September 19, 2002 are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 19th day of November, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance