Petitioner Type: Company
Impact Date: 02/11/2003
Filed Date: 02/12/2004
Most Recent Update: 04/27/2004
Determination Date: 04/27/2004
Expiration Date: 04/27/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,254
NEWSTECH NY INC
DEFERIET, NEW YORK
Amended 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) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on April
27, 2004, applicable to workers of Newstech NY Inc, Deferiet,
New York. The workers are engaged in employment related to the
production of upholstery fabrics.
New information provided by the petitioners indicates their
intention was to apply for all available Trade Act benefits at
the time of the filing. Therefore, the Department has made a
decision to investigate further to determine if the workers are
eligible to apply for Alternative Trade Adjustment Assistance.
The investigation revealed that a significant number of
workers of the subject firm are age 50 or over, workers have
skills that are not easily transferable, and conditions in the
industry are adverse.
Review of this information shows that all eligibility
criteria under Section 246 of the Trade Act of 1974 (26 USC
2813), as amended have been met for workers at the subject firm.
Accordingly, the Department is amending the certification to
reflect its finding.
The amended notice applicable to TA-W-54,254 is hereby
issued as follows:
"All workers of Newstech NY Inc, Deferiet, New York,
who became totally or partially separated from
employment on or after February 11, 2003 through April
27, 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 at Washington, D.C. this 12th day of April 2006.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,254
NEWSTECH NY INC
DEFERIET, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 February 12, 2004 in
response to a petition filed by a company official on behalf of
workers at Newstech NY Inc, Deferiet, New York. The workers at
the subject firm produced paper.
The investigation revealed that production and employment
declined absolutely from January through February 2004 when
compared to the same time period in 2003. The subject firm
closed on January 23, 2004.
Furthermore, the investigation revealed that the subject
firm did not increase imports from foreign sources or shift
production to a foreign location.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of paper. This
survey revealed increases in imports of paper during the period
under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with paper produced at Newstech NY
Inc, Deferiet, New York, 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 certification:
"All workers of Newstech NY Inc, Deferiet, New York, who
became totally or partially separated from employment on or
after February 11, 2003, through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 27th day of April, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,254
NEWSTECH NY INC
DEFERIET, NEW YORK
Amended 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) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on April
27, 2004, applicable to workers of Newstech NY Inc, Deferiet,
New York. The workers are engaged in employment related to the
production of upholstery fabrics.
New information provided by the petitioners indicates their
intention was to apply for all available Trade Act benefits at
the time of the filing. Therefore, the Department has made a
decision to investigate further to determine if the workers are
eligible to apply for Alternative Trade Adjustment Assistance.
The investigation revealed that a significant number of
workers of the subject firm are age 50 or over, workers have
skills that are not easily transferable, and conditions in the
industry are adverse.
Review of this information shows that all eligibility
criteria under Section 246 of the Trade Act of 1974 (26 USC
2813), as amended have been met for workers at the subject firm.
Accordingly, the Department is amending the certification to
reflect its finding.
The amended notice applicable to TA-W-54,254 is hereby
issued as follows:
"All workers of Newstech NY Inc, Deferiet, New York,
who became totally or partially separated from
employment on or after February 11, 2003 through April
27, 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 at Washington, D.C. this 12th day of April 2006.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,254
NEWSTECH NY INC
DEFERIET, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 February 12, 2004 in
response to a petition filed by a company official on behalf of
workers at Newstech NY Inc, Deferiet, New York. The workers at
the subject firm produced paper.
The investigation revealed that production and employment
declined absolutely from January through February 2004 when
compared to the same time period in 2003. The subject firm
closed on January 23, 2004.
Furthermore, the investigation revealed that the subject
firm did not increase imports from foreign sources or shift
production to a foreign location.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of paper. This
survey revealed increases in imports of paper during the period
under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with paper produced at Newstech NY
Inc, Deferiet, New York, 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 certification:
"All workers of Newstech NY Inc, Deferiet, New York, who
became totally or partially separated from employment on or
after February 11, 2003, through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 27th day of April, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance