Petitioner Type: State
Impact Date: 11/20/2002
Filed Date: 11/26/2003
Most Recent Update: 01/28/2004
Determination Date: 01/28/2004
Expiration Date: 01/28/2006
Findings of the Investigation
BUSINESS CONFIDENTIAL
TA-W-53,644
HUSSEY COPPER LTD.
KENILWORTH, NEW JERSEY
Determination and Basis
Increased customer imports (C-2)
Previous Determination: no
Number of Workers Affected: 118
Total Number of Workers: 118
Petitioner: the Workforce New Jersey Public Information System
Product: copper extrusions
SIC: 5051
RELEVANT DATES:
Institution Date: 11-20-03
Petition Date: 11-26-02
Impact Date: 11-26-02
File: S:/ONR/OATWTAAR/DTAA/WPDOCS/Case/T1/53644
Investigator: Gidget Clark
Supporting Evidence
Hussey Cooper Ltd., Kenilworth, New Jersey is the subject of this
investigation. Some of the workers wages may have been reported to
the Federal Employers Identification for Hussey Fabricated
Products.
The workers were engaged in the production of copper extrusions
until the plant closed in December 2003.
Sales, production and employment decreased in 2002 from 2001 and
during January through November 2003 from January through November
2002. During this period the subject firm had not imported but,
plans to in January.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,644
HUSSEY COPPER LTD.
KENILWORTH, NEW JERSEY
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility 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 on November 26, 2003 in
response to a petition filed by the Workforce New Jersey Public
Information System on behalf of workers at Hussey Cooper Ltd.,
Kenilworth, New Jersey. The workers manufactured copper
extrusions.
The investigation revealed that sales, production and
employment at the subject firm decreased during the period of the
investigation.
The subject firm has begun to supply some customers with
copper extrusions produced abroad.
The Department of Labor conducted a survey of the subject
firm's major customers regarding the purchases of copper extrusions
during 2001, 2002 and January through November 2002-2003. The
survey revealed increases in imports accompanied by reductions in
purchases from the subject firm during the above periods.
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.
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) has not
been met.
The skills of the worker group are easily transferable to
other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of copper
extrusions produced at Hussey Cooper Ltd., Kenilworth, New Jersey
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Hussey Cooper Ltd., Kenilworth, New Jersey,
who became totally or partially separated from employment on or
after November 20, 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."
I further determine that all workers of Hussey Cooper Ltd.,
Kenilworth, New Jersey 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 28th day of January 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance