DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,388

CAVERT WIRE CO., INC.
OLIVER PLANT
OLIVER, PENNSYLVANIA

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.
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 30, 2003 in response to a petition filed by the United Steelworkers of America (USWA), Local 13836, on behalf of workers at Cavert Wire Co., Inc., Oliver Plant, Oliver, Pennsylvania. The workers produced baling wire; they were not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not import baling wire, nor did they shift production abroad in 2001, 2002 and from January through October of 2003.
Furthermore, the investigation revealed that worker separations from the subject firm are attributable to a domestic shift of the subject firm’s production of baling wire.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of baling wire in 2001, 2002, and January through November of 2003. This survey revealed no import purchases of baling wire during the relevant period.
Conclusion
After careful review, I determine that all workers of Cavert Wire Co., Inc., Oliver Plant, Oliver, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of December, 2003.


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