Petitioner Type: Workers
Impact Date:
Filed Date: 03/08/2004
Most Recent Update: 04/28/2004
Determination Date: 04/28/2004
Expiration Date:
Employment and Training Administration
TA-W-54,432
AMERICAN HOFMANN CORPORATION
A SUBSIDIARY OF HOFMANN MONDIAL, INC.
LYNCHBURG, VIRGINIA
Negative Determination 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 March 8, 2004 in response
to a petition filed on behalf of workers at American Hofmann
Corporation, a subsidiary of Hofmann Mondial, Lynchburg, Virginia.
The workers at the subject firm produce industrial balancing
machines; the workers are not separately identifiable by product
line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import industrial balancing machines during the period under
investigation, nor did it shift production of industrial balancing
machines abroad during the relevant period.
The Department of Labor surveyed the subject firm's declining
customers regarding their purchases of industrial balancing
machines. This survey revealed no increase in import purchases of
industrial balancing machines while reducing purchases from the
subject firm during the period under investigation.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 assistance
(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 at American Hofmann Corporation, 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 American
Hofmann Corporation, a subsidiary of Hofmann Mondial, Inc.,
Lynchburg, Virginia 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 adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 28th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance