Petitioner Type: Company
Impact Date: 10/27/2002
Filed Date: 11/06/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date: 12/09/2005
Employment and Training Administration
TA-W-53,465
TOMCO PRODUCTS, INC.
DIVISION OF CIRCOR INTERNATIONAL
PAINESVILLE TOWNSHIPM, OHIO
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), 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 November 6, 2003 in response to a petition filed by a company official on behalf of workers at Tomco Products, Inc., division of Circor International, Painesville Township, Ohio. The workers produce quick connectors and valves.
The investigation revealed that sales, production and employment at the subject firm decreased from 2001 to 2002 and in January through November of 2003 compared to the same period of 2002.
The investigation also revealed that a major customer of the subject firm increased its imports quick connectors and valves, while reducing their purchases from the subject firm during the period under investigation.
The investigation further revealed the subject firm increased imports of quick connectors and valves during the relevant period.
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 within the workers' industry (i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been met.
The investigation revealed that workers in the workers’ firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the investigation, I conclude that increases of imports of quick connectors and valves produced at Tomco Products, Inc., division of Circor International, Painesville Township, Ohio 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 Tomco Products, Inc., division of Circor International, Painesville Township, Ohio who became totally or partially separated from employment on or after October 27, 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.”
“I further determine that all workers of Tomco Products, Inc., division of Circor International, Painesville Township, Ohio denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C., this 9th day of December, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance