Petitioner Type: State
Impact Date:
Filed Date: 11/14/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,532
PENRO MOLD AND TOOL, INC.
PITTSFIELD, MASSACHUSETTS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 14, 2003 in response to a petition filed by a state workforce agency representative on behalf of workers at PENRO Mold and Tool, Inc., Pittsfield, Massachusetts. The workers at the subject firm produce custom injection plastic molds.
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation revealed that there was no employment decline at the subject firm from 2002 to 2003 and from January to September 2003 compared to the same time period in 2002.
The investigation further revealed that a seasonal closing at the subject plant is scheduled for latter part of December 2003. The shutdown is a regular occurrence and will not affect employment at the subject firm.
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.
In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of PENRO Mold and Tool, Inc., Pittsfield, Massachusetts are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of December 2003.
Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,532
PENRO MOLD AND TOOL, INC.
PITTSFIELD, MASSACHUSETTS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 14, 2003 in response to a petition filed by a state workforce agency representative on behalf of workers at PENRO Mold and Tool, Inc., Pittsfield, Massachusetts. The workers at the subject firm produce custom injection plastic molds.
The investigation revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation revealed that there was no employment decline at the subject firm from 2002 to 2003 and from January to September 2003 compared to the same time period in 2002.
The investigation further revealed that a seasonal closing at the subject plant is scheduled for latter part of December 2003. The shutdown is a regular occurrence and will not affect employment at the subject firm.
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.
In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of PENRO Mold and Tool, Inc., Pittsfield, Massachusetts are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of December 2003.
Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance