Petitioner Type: Workers
Impact Date: 11/12/2002
Filed Date: 11/13/2003
Most Recent Update: 12/05/2003
Determination Date: 12/05/2003
Expiration Date: 12/05/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,527
VAN DORN DEMAG CORPORATION
A DIVISION OF DEMAG PRODUCTS GROUP
STRONGSVILLE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and Negative Determination 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 in response to a petition initiated on November 13, 2003 and filed on behalf of workers at Van Dorn Demag Corporation, a division of Demag Products Group, Strongsville, Ohio. The workers produce plastic injection molding machinery.
The investigation revealed that employment, sales, and production declined at the subject firm from 2001 to 2002, and from January through October 2003 compared to the same period in 2002.
The investigation also revealed that imports of plastic injection molding machinery by the subject firm increased during the relevant time period.
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.
In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. 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) of Section 246 has not been met.
Workers at the 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 articles like or directly competitive with plastic injection molding machinery produced at Van Dorn Demag Corporation contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm. In accordance with the provisions of the Act, I make the following certification:
“All workers of Van Dorn Demag Corporation, a division of Demag Products Group, Strongsville, Ohio who became totally or partially separated from employment on or after November 12, 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.”
and
“I further determine that all workers of Van Dorn Demag Corporation, a division of Demag Products Group, Strongsville, Ohio, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 5th day of December 2003.
/s/ Linda C. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance