Petitioner Type: Union
Impact Date: 12/16/2002
Filed Date: 12/24/2003
Most Recent Update: 02/03/2004
Determination Date: 02/03/2004
Expiration Date: 02/03/2006
Employment and Training Administration
TA-W-53,878
NVF COMPANY
YORKLYN, DELAWARE
TA-W-53,878A
NVF COMPANY
KENNETT SQUARE, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 December 24, 2003 in
response to a petition filed by PACE International Union on behalf
of workers of NVF Company, Yorklyn, Delaware (TA-W-53,878), and NVF
Company, Kennett Square, Pennsylvania (TA-W-53,878A). The workers at
Yorklyn produce vulcanized fiber; workers at Kennett Square produce
high-pressure laminates.
The investigation revealed that sales, production and
employment at Yorklyn, Delaware decreased absolutely from 2002 to
2003.
The Department of Labor surveyed the Yorklyn facility's major
customers regarding their purchases of vulcanized fiber. The survey
revealed increases in imports during the period under investigation.
Sales and employment at Kennett Square, Pennsylvania decreased
absolutely from 2002 to 2003.
The Department of Labor surveyed the Kennett Square facility's
major customers regarding their purchases of high-pressure
laminates. The survey revealed increases in imports during the
period under investigation.
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 Department has
determined in this case that the requirements of Section 246 have
been met for both subject facilities.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with vulcanized fiber produced at NVF
Company, Yorklyn, Delaware and increases of imports of articles like
or directly competitive with high-pressure laminates produced at NVF
Company, Kennett Square, Pennsylvania 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 certifications:
"All workers of NVF Company, Yorklyn, Delaware (TA-W-53,878)
and NVF Company, Kennett Square, Pennsylvania (TA-W-53,878A)
who became totally or partially separated from employment on or
after December 16, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 3rd day of February, 2004.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance