Petitioner Type: Company
Impact Date:
Filed Date: 11/07/2003
Most Recent Update: 11/28/2003
Determination Date: 11/28/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,469
WEXCO CORPORATION
LYNCHBURG, VIRGINIA
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
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 November 07, 2003 in
response to a petition filed by a company official on behalf of
workers at Wexco Corporation, Lynchburg, Virginia. The workers at
the subject firm produce bimetallic cylinders.
The investigation revealed that criteria (I.C) and (II. B)
have not been met.
The subject firm did not import bimetallic cylinders during
2001, 2002 or January through October of 2003, nor did it shift
production abroad in these periods.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of bimetallic cylinders in
2001 to 2002 and January through October of 2002-2003. Respondents
reported that imports were negligible compared with company sales
in the relevant periods.
Conclusion
After careful review, I determine that all workers of Wexco
Corporation, Lynchburg, Virginia are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C., this 28th day of November 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance