Petitioner Type: Workers
Impact Date: 04/27/2003
Filed Date: 04/27/2004
Most Recent Update: 07/13/2004
Determination Date: 07/13/2004
Expiration Date: 07/13/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,793
PYROTEK, INC.
TRENTON, TENNESSEE
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 (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 27, 2004, in response
to a petition filed on behalf of workers of Pyrotek, Inc., Trenton,
Tennessee. The workers primarily produced cast refractories.
The investigation revealed that combined sales, production and
employment decreased in 2003 compared with 2002 and in January-
April 2004 compared with the same period in 2003.
The Department conducted a survey of major customers of the
subject plant regarding their purchases of cast refractories in
2002, 2003 and January through April 2004 over the corresponding
January through April 2003 period. The survey revealed that a
major customer increased their reliance on imported cast
refractories during the relevant period.
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 increases of imports of articles
like or directly competitive with cast refractories produced at
Pyrotek, Inc., Trenton, Tennessee contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Pyrotek, Inc., Trenton, Tennessee who became
totally or partially separated from employment on or after
April 27, 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 July, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance