Petitioner Type: Company
Impact Date: 04/14/2003
Filed Date: 04/21/2004
Most Recent Update: 05/13/2004
Determination Date: 05/13/2004
Expiration Date: 05/13/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,757
VAC MAGNETICS CORPORATION
ELIZABETHTOWN, KENTUCKY
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, 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.
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)(B) of Section 222 have been met.
The investigation was initiated on April 21, 2004 in
response to a petition filed by a company official on behalf of
workers at Vac Magnetics Corporation, Elizabethtown, Kentucky.
The workers at the subject firm produced permanent magnets and
magnet assemblies.
The investigation revealed that sales, production and
employment at the subject firm decreased from 2002 to 2003 and
January through February 2004 compared with the same period in
2003.
The investigation further revealed that the subject firm
increased their reliance on imports of permanent magnets and
magnet assemblies following a shift of production abroad during
the period under investigation.
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 there was a shift in production
from the workers firm or subdivision to Germany and China of
articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been
or is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Vac Magnetics Corporation, Elizabethtown,
Kentucky who became totally or partially separated from
employment on or after April 14, 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 in Washington, D.C., this 13th day of May, 2004.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance