Petitioner Type: Workers
Impact Date:
Filed Date: 04/01/2004
Most Recent Update: 05/04/2004
Determination Date: 05/04/2004
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,638
SPARTECH POLYCOM, INC.
DANORA PLANT 1
COMPOUNDING DIVISION
A SUBSIDIARY OF SPARTECH CORPORATION
DANORA, PENNSYLVANIA
TA-W-54,638A
SPARTECH POLYCOM, INC
DANORA PLANT 2
COMPUNDING DIVISION
A SUBSIDIARY OF SPARTECH CORPORATION
DANORA 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 April 1, 2004 in response
to a petition filed on behalf of workers at Spartech Polycom, Inc.,
Compounding Division, a subsidiary of Spartech Corporation, Donora,
Pennsylvania, Plant 1 (TA-W-54,638) and Plant 2 (TA-W-54,638A).
The workers at the subject plants produced polymeric compounds.
The Compounding Division of which the subject facilities are part
includes a number of other facilities in North America producing
similar products.
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 polymeric compounds in 2002, 2003, or the first quarter of
2004, nor did it shift production abroad during the above periods.
Production in Mexico is new business for the Mexican market and not
work formerly done at the subject plant.
Marketing of product is conducted at the divisional level, and
sales for the division as a whole increased in 2002, 2003, and the
first quarter of 2004. Import related loss of business to
customers did not therefore contribute importantly to separations
at the subject plants. Separations at the two Denora plants were
related to internal company wide efforts to reduce costs and
improve productivity.
Conclusion
After careful review, I determine that all workers of Spartech
Polycom, Inc., Donora Plant 1, Compounding Division, a subsidiary
of Spartech Corporation, Donora, Pennsylvania (TA-W-54,638) and
Spartech Polycom, Inc., Donora Plant 2, Compounding Division, a
subsidiary of Spartech Corporation, Donora, Pennsylvania (TA-W-
54,638A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of May 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,638
SPARTECH POLYCOM, INC.
DANORA PLANT 1
COMPOUNDING DIVISION
A SUBSIDIARY OF SPARTECH CORPORATION
DANORA, PENNSYLVANIA
TA-W-54,638A
SPARTECH POLYCOM, INC
DANORA PLANT 2
COMPUNDING DIVISION
A SUBSIDIARY OF SPARTECH CORPORATION
DANORA 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 April 1, 2004 in response
to a petition filed on behalf of workers at Spartech Polycom, Inc.,
Compounding Division, a subsidiary of Spartech Corporation, Donora,
Pennsylvania, Plant 1 (TA-W-54,638) and Plant 2 (TA-W-54,638A).
The workers at the subject plants produced polymeric compounds.
The Compounding Division of which the subject facilities are part
includes a number of other facilities in North America producing
similar products.
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 polymeric compounds in 2002, 2003, or the first quarter of
2004, nor did it shift production abroad during the above periods.
Production in Mexico is new business for the Mexican market and not
work formerly done at the subject plant.
Marketing of product is conducted at the divisional level, and
sales for the division as a whole increased in 2002, 2003, and the
first quarter of 2004. Import related loss of business to
customers did not therefore contribute importantly to separations
at the subject plants. Separations at the two Denora plants were
related to internal company wide efforts to reduce costs and
improve productivity.
Conclusion
After careful review, I determine that all workers of Spartech
Polycom, Inc., Donora Plant 1, Compounding Division, a subsidiary
of Spartech Corporation, Donora, Pennsylvania (TA-W-54,638) and
Spartech Polycom, Inc., Donora Plant 2, Compounding Division, a
subsidiary of Spartech Corporation, Donora, Pennsylvania (TA-W-
54,638A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of May 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance