Petitioner Type: Union
Impact Date:
Filed Date: 03/11/2004
Most Recent Update: 05/18/2004
Determination Date: 05/18/2004
Expiration Date:
Employment and Training Administration
TA-W-54,476
TEKMATEX, INC.
A WHOLLY OWNED SUBSIDIARY OF MARUBENI AMERICA CORPORATION
CHARLOTTE, NORTH CAROLINA
Negative Determinations 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 investigation was initiated on March 11, 2004, in response
to a petition filed on behalf of workers at Tekmatex, Inc., a
wholly owned subsidiary of Marubeni America Corporation, Charlotte,
North Carolina. The workers are engaged in the distribution, sales,
and servicing of Japanese-manufactured textile, woodworking, metal
stamping, and converting machinery.
The investigation revealed that Tekmatex, Inc., a wholly owned
subsidiary of Marubeni America Corporation, Charlotte, North
Carolina, does not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The workers
engaged in the distribution, sales, and servicing of Japanese-
manufactured textile, woodworking, metal stamping, and converting
machinery do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group can not
be considered import impacted or affected by a shift in production
of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 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 assis-
tance (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 are
denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Tekmatex, Inc., a
wholly owned subsidiary of Marubeni America Corporation, Charlotte,
North Carolina 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 18th day of May 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance