DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,699

TOMLINSON INDUSTRIES
CLEVELAND, OHIO

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated November 9, 2004, a state agency
representative requested ATAA consideration for workers at the
subject firm located in Cleveland, Ohio.


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 in the local area.

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 investigation revealed that workers in the workers’ firm
possess skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of Tomlinson Industries, Cleveland, Ohio, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 21st day of January 2005.


/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,096

H. WARSHOW & SONS, INC.
MILTON, PENNSYLVANIA

Certification 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 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers’ firm or subdivision contributed
importantly to workers’ separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on October 1, 2003 in response
to a petition filed on behalf of workers at H. Warshow & Sons,
Inc., Milton, Pennsylvania. The workers at the subject facility
produce warp knit fabric.
The investigation revealed sales, production and employment at
the subject facility declined during the period of January through
May 2003 when compared to the same period in 2002.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of warp knit fabric.
This survey revealed increased imports of warp knit fabric during
the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with warp knit fabric produced at H.
Warshow & Sons, Inc., Milton, Pennsylvania contributed importantly
to the total or partial separation of workers and to the decline in
sales or production and at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of at H. Warshow & Sons, Inc., Milton,
Pennsylvania who became totally or partially separated from
employment on or after September 17, 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."
Signed in Washington, D. C. this 21st day of November 2003.



/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


May want to list the specific citation to the group eligibility requirements.