Petitioner Type: Union
Impact Date:
Filed Date: 11/07/2003
Most Recent Update: 12/15/2003
Determination Date: 12/15/2003
Expiration Date:
Employment and Training Administration
TA-W-53,489
BELL SPONGING COMPANY, INC.
A DIVISION OF THE TOM JAMES COMPANY
ALLENTOWN, 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. 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 November 7, 2003 in
response to a petition filed by a union official of the Union of
Needletrades, Industrial and Textile Employees on behalf of workers
at Bell Sponging Company, Inc., a division of the Tom James
Company, Allentown, Pennsylvania. The workers at the subject firm
produce sponged and inspected wool cloth.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import sponged and inspected wool cloth in 2001, 2002, or January
through October of 2003.
Furthermore, the investigation revealed that the subject firm
did not shift production of sponged and inspected wool cloth abroad
during the relevant period.
Conclusion
After careful review, I determine that all workers of Bell
Sponging Company, Inc., a division of the Tom James Company,
Allentown, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 15th day of December 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance