Petitioner Type: Company
Impact Date:
Filed Date: 11/25/2003
Most Recent Update: 12/04/2003
Determination Date: 12/04/2003
Expiration Date:
Employment and Training Administration
TA-W-53,621
RAINBOW RANCH
CHEHALIS, WASHINGTON
Negative Determination Regarding Eligibility to Apply for
Worker 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 an investigation regarding certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group.
An investigation was conducted in order to determine whether the petitioning group of workers qualify as adversely affected secondary workers as suppliers to a firm or subdivision primarily affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, the following group eligibility requirements under Section 222(b) must be met:
(1) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3) either—
(A) the workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation.
The investigation was initiated on November 25, 2003, in response to a petition filed by a company official on behalf of workers of Rainbow Ranch, Chehalis, Washington. Workers of the subject firm produced arctic char.
The investigation revealed that criteria (2) has not been met.
The subject firm ceased production of arctic char on December 31, 2001 and therefore did not supply arctic char to a firm (or subdivision) that employed a group of workers who have an active certification of eligibility to apply for trade adjustment assistance during the period under investigation.
Conclusion
After careful review, I determine workers of Rainbow Ranch, Chehalis, Washington are denied eligibility to apply for adjustment assistance under section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 4th day of December 2003.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance