Petitioner Type: Workers
Impact Date:
Filed Date: 04/06/2004
Most Recent Update: 05/06/2004
Determination Date: 05/06/2004
Expiration Date:
Employment and Training Administration
TA-W-54,675
ROYAL VENDORS, INC.
KEARNEYSVILLE, WEST VIRGINIA
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 6, 2004 in
response to a petition filed on behalf of workers at Royal
Vendors, Inc., Kearneysville, West Virginia. The workers produce
vending machines.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
There were no company imports of vending machines, nor was
there a shift in production from the Kearneysville plant to a
foreign country during the period under investigation.
The U.S. Department of Labor conducted a survey of the
major customer of Royal Vendors, Inc., regarding its purchases
of vending machines in 2002, 2003, and the first-quarter of
2004. The respondent reported no imports of vending machines in
the relevant period.
Conclusion
After careful review, I determine that workers producing
vending machines at Royal Vendors, Inc., Kearneysville, West
Virginia are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 6th day of May, 2004.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance