Denied
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TAW-54766  /  Chicopee Iron Works, Inc. (Chicopee, MA)

Petitioner Type: State
Impact Date:
Filed Date: 04/22/2004
Most Recent Update: 06/15/2004
Determination Date: 06/15/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,766

CHICOPEE IRON WORKS, INC.
D/B/A DEARDEN IRON WORKS
CHICOPEE, MASSACHUSETTS

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
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 22, 2004 in response
to a petition filed by a state agency representative on behalf of
workers of Chicopee Iron Works, Inc., d/b/a Dearden Iron Works,
Chicopee, Massachusetts. The workers at the subject firm
fabricated structural steel.
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 fabricated structural steel or shift fabrication of
structural steel to a foreign country during 2002 or 2003.
Furthermore, aggregate U.S. imports of structural steel
decreased during the relevant period.


Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Chicopee Iron Works,
Inc., d/b/a Dearden Iron Works, Chicopee, Massachusetts are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 15th day of June 2004.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance