Petitioner Type: Unknown
Impact Date: 09/29/2002
Filed Date: 10/10/2003
Most Recent Update: 11/26/2003
Determination Date: 11/26/2003
Expiration Date: 11/26/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,215
KINGSPORT FOUNDRY AND MANUFACTURING CORPORATION
KINGSPORT, TENNESSEE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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)(A) of
Section 222 have been met.
The investigation was initiated on October 10, 2003, in
response to a petition filed by a company official on behalf of
workers of Kingsport Foundry & Manufacturing Corporation,
Kingsport, Tennessee. The workers produced gray iron and ductile
iron castings and machined castings. The workers are not separately
identifiable by product.
The investigation revealed that sales, production and
production worker employment decreased in the relevant period.
The Department conducted a survey of the major customers of
the subject firm regarding their purchases of iron castings in
2001, 2002 and January through September 2003. The survey revealed
increased its import purchases of iron castings both directly and
indirectly, while decreasing its purchases from the subject firm in
the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with gray iron and ductile iron
castings and machined castings produced at Kingsport Foundry &
Manufacturing Corporation, Kingsport, Tennessee 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 Kingsport Foundry & Manufacturing
Corporation, Kingsport, Tennessee who became totally or
partially separated from employment on or after September
29, 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 are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 26th day of November, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance