Petitioner Type: Workers
Impact Date:
Filed Date: 02/13/2004
Most Recent Update: 03/08/2004
Determination Date: 03/08/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,260
NEW ERA DIE COMPANY
RED LION, PENNSYLVANIA
Negative Determinations 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 February 13, 2004, in
response to a petition filed on behalf of workers of New Era Die
Company, Red Lion, Pennsylvania. The workers on whose behalf the
petition was filed produced sharp edge clicker dies.
The investigation revealed that criteria I.C. and II.B are not
met.
The Department conducted a survey of the major declining
customer of the subject firm regarding its purchases of sharp edge
clicker dies in 2002 and 2003. The survey revealed that the
respondent did not import sharp edge clicker dies in the relevant
period.
The subject firm did not shift production to a foreign
facility or import sharp edge clicker dies in the relevant period.
The petitioners alleged that the subject firm supplied sharp
edge clicker dies to trade affected firms. Evidence developed in
the course of the investigation revealed that sharp edge clicker
dies are not a component of the trade affected product produced by
the workers of these firms.
Conclusion
After careful review, I determine that all workers of New
Era Die Company, Red Lion, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 8th day of March, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance