Petitioner Type: Company
Impact Date: 04/13/2003
Filed Date: 04/13/2004
Most Recent Update: 05/24/2004
Determination Date: 05/24/2004
Expiration Date: 08/10/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,709
SUMMITVILLE TILES, INC.
MINERVA, OHIO
Notice of Revised Determination
on Reconsideration
On July 21, 2004, the Department of Labor issued an
affirmation determination regarding the request for
reconsideration of eligibility for workers and former workers of
Summitville Tiles, Inc., Minerva, Ohio, to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA). The Department’s determination Notice was
published in the Federal Register on August 4, 2004 (69 FR
47183). The initial petition denial was based on the finding
that the subject firm did not separate or threaten to separate a
significant number or proportion of workers during the relevant
time period.
During the reconsideration investigation, the Department
reviewed the Business Confidential Data Request which revealed
that sales and production of ceramic tiles at the subject
facility decreased during the relevant time periods.
A review of newly submitted information revealed that
employment levels at the subject company declined during the
relevant time period and that the subject company did not import
any like or directly competitive products during the relevant
time period. A customer survey was not conducted due to the
number of subject company’s customers.
Aggregate data shows a significant increase of ceramic tile
imports during January-May 2004 from January-May 2003 levels.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at the subject
firm contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Summitville Tiles, Inc., Minerva, Ohio, who
became totally or partially separated from employment on or
after April 13, 2003, through two years from the date of
this 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 in Washington, D.C. this 10th day of August 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,709
SUMMITVILLE TILES, INC.
MINERVA, OHIO
Negative Determination 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 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 13, 2004, in response
to a petition filed by the company on behalf of workers of
Summitville Tiles, Inc., Minerva, Ohio. The workers produce
ceramic tile.
The investigation revealed that criteria (I.A) and (II.A) have
not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means that at least three workers
with a workforce of fewer than 50 workers or five percent of the
workers with a workforce over 50 workers or fifty workers in a firm
of 1,000 workers or more. Separations by the subject firm did not
meet this threshold level.
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.
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, I determine that all workers of
Summitville Tiles, Inc., Minerva, Ohio 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 226, as amended.
Signed in Washington, D. C. this 24th day of May, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,709
SUMMITVILLE TILES, INC.
MINERVA, OHIO
Notice of Revised Determination
on Reconsideration
On July 21, 2004, the Department of Labor issued an
affirmation determination regarding the request for
reconsideration of eligibility for workers and former workers of
Summitville Tiles, Inc., Minerva, Ohio, to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA). The Department’s determination Notice was
published in the Federal Register on August 4, 2004 (69 FR
47183). The initial petition denial was based on the finding
that the subject firm did not separate or threaten to separate a
significant number or proportion of workers during the relevant
time period.
During the reconsideration investigation, the Department
reviewed the Business Confidential Data Request which revealed
that sales and production of ceramic tiles at the subject
facility decreased during the relevant time periods.
A review of newly submitted information revealed that
employment levels at the subject company declined during the
relevant time period and that the subject company did not import
any like or directly competitive products during the relevant
time period. A customer survey was not conducted due to the
number of subject company’s customers.
Aggregate data shows a significant increase of ceramic tile
imports during January-May 2004 from January-May 2003 levels.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at the subject
firm contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Summitville Tiles, Inc., Minerva, Ohio, who
became totally or partially separated from employment on or
after April 13, 2003, through two years from the date of
this 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 in Washington, D.C. this 10th day of August 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,709
SUMMITVILLE TILES, INC.
MINERVA, OHIO
Negative Determination 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 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 13, 2004, in response
to a petition filed by the company on behalf of workers of
Summitville Tiles, Inc., Minerva, Ohio. The workers produce
ceramic tile.
The investigation revealed that criteria (I.A) and (II.A) have
not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means that at least three workers
with a workforce of fewer than 50 workers or five percent of the
workers with a workforce over 50 workers or fifty workers in a firm
of 1,000 workers or more. Separations by the subject firm did not
meet this threshold level.
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.
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, I determine that all workers of
Summitville Tiles, Inc., Minerva, Ohio 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 226, as amended.
Signed in Washington, D. C. this 24th day of May, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance