Petitioner Type: Workers
Impact Date:
Filed Date: 02/19/2004
Most Recent Update: 03/24/2004
Determination Date: 03/24/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,305
LOGER INDUSTRIES
LAKE CITY, PENNSYLVANIA
Negative Determination 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 19, 2004 in
response to a petition filed on behalf of workers of Loger
Industries, Lake City, Pennsylvania. The workers produced cribs
and shelving units.
The investigation revealed that criteria I.C and II.B were
not met.
The subject firm has not increased its imports of cribs and
shelving units, nor did it shift production abroad in the period
relevant to this determination.
The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of cribs and
shelving units during 2002, 2003, and January through March
2004. The survey revealed that major customers did not increase
imports while decreasing their purchases from the subject firm
during the above periods.
Conclusion
After careful review, I determine that all workers of Loger
Industries, Lake City, Pennsylvania, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 24th day of March 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance