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TAW-54128  /  Precision Disc (Knoxville, TN)

Petitioner Type: Unknown
Impact Date: 01/27/2003
Filed Date: 01/30/2004
Most Recent Update: 03/15/2004
Determination Date: 03/15/2004
Expiration Date: 08/12/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,128

PRECISION DISC CORPORATION
KNOXVILLE, TENNESSEE

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated September 10, 2004, a union representative
of the Tennessee AFL-CIO, Technical Assistance requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA). The negative determination was
signed on August 12, 2004 and published in the Federal Register
on August 20, 2004 (69 FR 51713).
The workers of Precision Disc Corporation, Knoxville,
Tennessee were certified eligible to apply for Trade Adjustment
Assistance (TAA) on August 12, 2004.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
The petitioner alleges in the request for reconsideration
that the skills of the workers at the subject firm are not easily
transferable.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.

Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Precision Disc Corporation, Knoxville,
Tennessee, who became totally or partially separated from
employment on or after January 27, 2003 through August 12,
2006, 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 21st day of September 2004.

/s/ Elliott S. Kushner
_______________________________

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,128

PRECISION DISC CORPORATION
KNOXVILLE, TENNESSEE

Negative Determinations 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. 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 January 30, 2004 in
response to a petition filed by the Sheet Metal Workers, Local 555,
on behalf of workers of Precision Disc Corporation, Knoxville,
Tennessee. The workers produced cutting saw plates.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The investigation revealed that there were no company imports
of saw core products, nor was there a shift in production from the
Knoxville, Tennessee plant to a foreign country during the period
under investigation.
The Department conducted a survey of major customers of the
subject firm regarding their purchases of saw core products in
2001, 2002 and 2003. The survey revealed that the respondents did
not import like products in 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 assis-
tance (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, I determine that all workers of
Precision Disc Corporation, Knoxville, Tennessee are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade assistance under section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 15th day of March 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance