Denied
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TAW-53896  /  Hogslat, Inc. (Newton Grove, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 12/29/2003
Most Recent Update: 02/02/2004
Determination Date: 02/02/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,896

HOG SLAT, INC.
NEWTON GROVE, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply for Worker 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 December 29, 2003 in
response to a petition filed on behalf of workers of Hog Slat,
Inc., Newton Grove, North Carolina. Workers of the subject
facility produce hog production penning equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The subject facility did not import, nor shift production of
significant quantities of hog production penning equipment to any
foreign country during 2001, 2002, or 2003.
Furthermore, the Department of Labor surveyed the subject
facility's major declining customers regarding their purchases of
hog production penning equipment during 2001, 2002, and 2003. This
survey revealed no imports during the relevant period.


Conclusion
After careful review, I determine that all workers of Hog
Slat, Inc., Newton Grove, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 2nd day of February 2004.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance