Petitioner Type: Company
Impact Date:
Filed Date: 02/18/2004
Most Recent Update: 04/06/2004
Determination Date: 04/06/2004
Expiration Date:
Employment and Training Administration
TA-W-54,282
UNIFRAX CORPORATION
CORPORATE HEADQUARTERS
NIAGARA FALLS, NEW YORK
TA-W-54,282A
UNIFRAX CORPORATION
TONAWANDA MANUFACTURING FACILITY
TONAWANDA, NEW YORK
TA-W-54,282B
UNIFRAX CORPORATION
AMHERST MANUFACTURING FACILITY
AMHERST, NEW YORK
TA-W-54,282C
UNIFRAX CORPORATION
NEW CARLISLE INDIANA MANUFACTURING FACILITY
NEW CARLISLE, INDIANA
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:
D. 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;
E. 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 18, 2004 in
response to a petition filed by a company official on behalf of
workers at Unifrax Corporation, Corporate Headquarters, Niagara
Falls, New York (TA-W-54,282), Unifrax Corporation, Tonawanda
Manufacturing Facility, Tonawanda, New York (TA-W-54,282A),
Unifrax Corporation, Amherst Manufacturing Facility, Amherst,
New York (TA-W-54,282B), Unifrax Corporation, New Carlisle
Indiana Manufacturing Facility, New Carlisle, Indiana (TA-W-
54,282C). The workers at Unifrax Corporation, Corporate
Headquarters, Niagara Falls, New York (TA-W-54,282) provide
support work for the production facilities, Unifrax Corporation,
Tonawanda Manufacturing Facility, Tonawanda, New York (TA-W-
54,282A) produce refractory ceramic fiber, Unifrax Corporation,
Amherst Manufacturing Facility, Amherst, New York (TA-W-54,282B)
produce refractory ceramic fiber, Unifrax Corporation, New
Carlisle Indiana Manufacturing Facility, New Carlisle, Indiana
(TA-W-54,282C) produce refractory ceramic fiber.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that subject firm imports were
negligible during the 2003 period and the January through
February 2004 period. The subject did not shift production of
refractory ceramic fiber during the relevant period.
Furthermore, the U.S. Department of Labor conducted a
survey of the subject firm's customers regarding their purchases
of refractory ceramic fiber during the 2002 and 2003 period.
None of the respondents increased their imports of refractory
ceramic fiber while decreasing their purchases from the subject
firm during the relevant period.
Conclusion
After careful review, I determine that all workers of
Unifrax Corporation, Corporate Headquarters, Niagara Falls, New
York (TA-W-54,282), Unifrax Corporation, Tonawanda Manufacturing
Facility, Tonawanda, New York (TA-W-54,282A), Unifrax
Corporation, Amherst Manufacturing Facility, Amherst, New York
(TA-W-54,282B), Unifrax Corporation, New Carlisle Indiana
Manufacturing Facility, New Carlisle, Indiana (TA-W-54,282C) are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of April 2004.
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance