DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,119

ORRCO, INCORPORATED
KILLBUCK, OHIO

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 9, 2004, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Killbuck, Ohio.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the petitioning group of
workers possesses skills that are easily transferable in the
local area.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Orrco Incorporated, Killbuck, Ohio,
are denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C., this 10th day of January 2005.

/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,119

ORRCO, INCORPORATED
KILLBUCK, OHIO

Certification Regarding Eligibility
To Apply for Worker 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)(B) of
Section 222 have been met.
The investigation was initiated in response to a petition
initiated on October 2, 2003 and filed by a company official on
behalf of workers at Orrco, Incorporated, Killbuck, Ohio. The
workers produce pet products such as dog collars and cable tie
outs.
The investigation revealed that employment, sales and
production declined at the subject facility from January through
August 2003 compared to the same period in 2002.
The investigation also revealed that the subject firm is
terminating production at the Killbuck facility and replacing it
with products manufactured abroad for sale in the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with pet products such as dog collars,
cable tie outs, etc. produced at Orrco, Incorporated contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm. In accordance
with the provisions of the Act, I make the following certification:
“All workers of Orrco, Incorporated, Killbuck, Ohio who became
totally or partially separated from employment on or after
October 1, 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.”
Signed in Washington, D. C., this 20th day of October 2003.

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance


May want to list the specific citation to the group eligibility requirements.