Petitioner Type: State
Impact Date: 03/11/2003
Filed Date: 03/12/2004
Most Recent Update: 04/06/2004
Determination Date: 04/06/2004
Expiration Date: 04/06/2006
Employment and Training Administration
TA-W-54,488
FORT SMITH RIM & BOW COMPANY
FORT SMITH, ARKANSAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on March 12, 2004, in response
to a petition filed by a state representative on behalf of workers
of Fort Smith Rim & Bow, Fort Smith, Arkansas. The workers at the
subject firm are engaged in the production of millwork.
The investigation revealed that sales and employment at the
subject firm declined absolutely in 2004 due to closure of the firm.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of millwork in 2002 and 2003.
These surveys revealed increases in customer imports of this product
during the relevant period.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements of
Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced at the subject firm
contributed importantly to the decline in sales or production and to
the total or partial separation of workers of that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Fort Smith Rim & Bow, Fort Smith, Arkansas who
became totally or partially separated from employment on or
after March 11, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 6th day of April 2004.
/s/ Richard Church
__________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance