Petitioner Type: Workers
Impact Date:
Filed Date: 12/31/2003
Most Recent Update: 02/09/2004
Determination Date: 02/09/2004
Expiration Date:
Employment and Training Administration
TA-W-53,911
SCRIPTO-TOKAI CORP.
RANCHO CUCAMONGA, CALIFORNIA
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. 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 31, 2003 in
response to a petition filed on behalf of workers at Scripto-Tokai
Corp., Rancho Cucamonga, California. The workers at the subject
facility produced nibs and balls for pens.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import nibs and balls in 2001, 2002, or during the twelve-month
period of September 2003, rather they imported pens.
The investigation revealed that there was a shift in
production of nibs and balls to Switzerland.
However, this country is not party to a free trade agreement
with United States or a beneficiary country under the Andean Trade
Preference Act, African Growth and Opportunity Act, or Caribbean
Basin Economic Recovery Act, nor has there been or is there likely
to be an increase in imports of nibs and balls, which were produced
by the subject facility.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Scripto-Tokai Corp.,
Rancho Cucamonga, California are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of February 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance