Petitioner Type: Company
Impact Date: 04/01/2003
Filed Date: 04/05/2004
Most Recent Update: 04/23/2004
Determination Date: 04/23/2004
Expiration Date: 04/23/2006
Employment and Training Administration
TA-W-54,658
WHITING MANUFACTURING COMPANY INC
HAZEL GREEN, KENTUCKY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply
for 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 April 5, 2004, in response
to a petition filed by a company official on behalf of workers of
Whiting Manufacturing Company, Inc., Hazel Green, Kentucky. The
workers at the subject firm produce comforters and comforter sets.
The investigation revealed that sales, production and
employment declined in the first quarter of 2004 when compared to
the first quarter of 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of comforters and comforter sets
in 2002, 2003 and January through 2004. These surveys revealed
increases in customer imports of these products during the relevant
period.
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 assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers at the subject firm
possess skills that are easily transferable.
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 Whiting Manufacturing Company, Inc., Hazel
Green, Kentucky who became totally or partially separated from
employment on or after April 1, 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
I further determine that all workers of Whiting Manufacturing
Company, Inc., Hazel Green, Kentucky are denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974."
Signed at Washington, D.C., this 23rd day of April 2004.
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance