DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,341

VIKING PRODUCTS
A DIVISION OF UNDERWOOD INDUSTRIES OF NEW YORK
WAVERLY, NEW YORK

Negative Determination 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on October 24, 2003 in
response to a petition filed by a company official on behalf of
workers at Viking Products, a division of Underwood Industries of
New York, Waverly, New York. The workers at the subject firm
produced electrical insulating varnish. The workers were not
separately identifiable by product line.
The investigation revealed that criteria (2) has not been
met.
The petitioner alleges that job losses were due to their
firm losing business as a supplier to a firm that shifted
production abroad or was affected by increased imports. The
investigation revealed, however, that was not the case.
The firms listed in the petition have not received a
certification of eligibility to apply for trade adjustment
assistance benefits.
The Department of Labor surveyed the subject firm's major
declining customer in regards to its purchases of electrical
insulating varnish. This survey revealed no imports of electrical
insulating varnish during the relevant period.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Viking Products, a
division of Underwood Industries of New York, Waverly, New York are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of November 2003

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance