Petitioner Type: Workers
Impact Date:
Filed Date: 01/15/2004
Most Recent Update: 02/23/2004
Determination Date: 02/23/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,018
TYCO PLASTICS
A SUBSIDIARY OF TYCO INTERNATIONAL, LTD.
FAIRMONT, MINNESOTA
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade 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 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 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:
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;
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
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 January 15, 2004 in response to a petition filed on behalf of workers at Tyco Plastics, a subsidiary of Tyco International, Ltd., Fairmont, Minnesota. Workers at the subject firm produced flexible plastic packaging. Workers were not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not import flexible plastic packaging during 2002 or 2003.
Furthermore, the investigation revealed that the subject firm did not shift production of flexible plastic packaging abroad during the relevant period.
The Department of Labor surveyed the subject firm’s major declining customers in regards to their purchases of flexible plastic packaging in 2002 and 2003. This survey revealed no imports during the relevant period.
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.
In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of Tyco Plastics, a subsidiary of Tyco International, Ltd., Fairmont, Minnesota are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,018
TYCO PLASTICS
A SUBSIDIARY OF TYCO INTERNATIONAL, LTD.
FAIRMONT, MINNESOTA
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade 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 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 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:
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;
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
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 January 15, 2004 in response to a petition filed on behalf of workers at Tyco Plastics, a subsidiary of Tyco International, Ltd., Fairmont, Minnesota. Workers at the subject firm produced flexible plastic packaging. Workers were not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not import flexible plastic packaging during 2002 or 2003.
Furthermore, the investigation revealed that the subject firm did not shift production of flexible plastic packaging abroad during the relevant period.
The Department of Labor surveyed the subject firm’s major declining customers in regards to their purchases of flexible plastic packaging in 2002 and 2003. This survey revealed no imports during the relevant period.
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.
In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation, I determine that all workers of Tyco Plastics, a subsidiary of Tyco International, Ltd., Fairmont, Minnesota are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance