Petitioner Type: Company
Impact Date:
Filed Date: 10/08/2003
Most Recent Update: 12/12/2003
Determination Date: 12/12/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,184
WOLVERINE TUBE, INC.
BOONEVILLE OPERATIONS DIVISION
BOONEVILLE, MISSISSIPPI
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 October 8, 2003, in response to a petition filed by a company official on behalf of workers of Wolverine Tube, Inc., Booneville Operations Division, Booneville, Mississippi. The workers produce tubing for air condition units.
The investigation revealed that criteria (a)(I)(B) and (a)(II)(B) have not been met.
The investigation revealed sales and employment at the subject firm increased from 2001 to 2002 and also increased from January through September 2003 when compared to the same time period in 2002. The plant is scheduled to close at the end of this year.
The investigation also revealed that the subject firm neither imported tubing for air condition units from another country nor did the subject firm shift production of tubing for air condition units to a foreign country from 2001 to 2002 or from January through September 2003.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of tubing for air condition unit products from the subject firm. The subject firm’s major declining customers reported no increase in import purchases of tubing during the period under investigation.
Conclusion
After careful review, I determine that all workers of Wolverine Tube, Inc., Booneville Operations Division, Booneville, Mississippi, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,184
WOLVERINE TUBE, INC.
BOONEVILLE OPERATIONS DIVISION
BOONEVILLE, MISSISSIPPI
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 October 8, 2003, in response to a petition filed by a company official on behalf of workers of Wolverine Tube, Inc., Booneville Operations Division, Booneville, Mississippi. The workers produce tubing for air condition units.
The investigation revealed that criteria (a)(I)(B) and (a)(II)(B) have not been met.
The investigation revealed sales and employment at the subject firm increased from 2001 to 2002 and also increased from January through September 2003 when compared to the same time period in 2002. The plant is scheduled to close at the end of this year.
The investigation also revealed that the subject firm neither imported tubing for air condition units from another country nor did the subject firm shift production of tubing for air condition units to a foreign country from 2001 to 2002 or from January through September 2003.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of tubing for air condition unit products from the subject firm. The subject firm’s major declining customers reported no increase in import purchases of tubing during the period under investigation.
Conclusion
After careful review, I determine that all workers of Wolverine Tube, Inc., Booneville Operations Division, Booneville, Mississippi, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance