Petitioner Type: Workers
Impact Date: 09/26/2002
Filed Date: 10/17/2003
Most Recent Update: 11/21/2003
Determination Date: 11/21/2003
Expiration Date: 11/21/2005
Employment and Training Administration
TA-W-53,275
HETRAN, INC.
ORWIGSBURG, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 17, 2003, in
response to a petition filed on behalf of workers of Hetran, Inc.,
Orwigsburg, Pennsylvania. The workers produce bar turning and bar
polishing equipment.
The investigation revealed that sales and employment at the
subject facility decreased during the period of January through
September of 2003 when compared to the same period in 2002.
Furthermore, the Department of Labor surveyed the companies to
which the subject firm submitted a bid for a contract to produce
bar turning and bar polishing equipment. The survey revealed that
contracts were awarded to foreign bidders.
In addition, 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.
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.
3. The competitive conditions with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met. The investigation revealed that workers of the subject firm
possess skills that are easily transferable to other positions in
the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with bar turning and bar polishing
equipment produced at Hetran, Inc., Orwigsburg, Pennsylvania
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 Hetran Corporation, Orwigsburg, Pennsylvania
who became totally or partially separated from employment on
or after September 26, 2002, through two years from the date
of certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
I further determine that all workers of Hetran, Inc.,
Orwigsburg, Pennsylvania are denied eligibility to apply for
alternative trade assistance under section 246 of the Trade Act of
1974.
Signed in Washington, D. C., this 21st day of November 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance