Petitioner Type: Workers
Impact Date:
Filed Date: 04/28/2004
Most Recent Update: 06/16/2004
Determination Date: 06/16/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,805
PLASTEK INDUSTRIES, INC.
PLASTER MANAGEMENT GROUP, INC.
TRIANGLE TOOL COMPANY, INC.
SPECTRUM MOLDING DIVISION
INCLUDING LEASED WORKERS OF CAREER CONCEPTS
ERIE, PENNSYLVANIA
Negative Determinations 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 28, 2004, in response to a petition filed on behalf of workers of Plastek Industries, Inc., Spectrum Molding Division, Erie, Pennsylvania. The workers produce plastic injection molded parts for the consumer products industry (i.e. deodorant, make-up and breath mint containers).
The investigation revealed that criteria (a)(I)(C) and (a)(II)(B) have not been met.
The investigation revealed that some of the workers wages were reported under Federal Employer Identification Number for Plaster Management Group, Inc., or Triangle Tool Company, Inc. Furthermore, the subject firm leased workers from Career Concepts, Erie Pennsylvania, to produce plastic injection molded parts for the consumer products industry (i.e. deodorant, make-up and breath mint containers).
The investigation revealed that sales, production and employment at the subject firm declined from January through April 2003 to January through April 2004.
The investigation further revealed that the subject firm neither imported plastic injection molded parts, nor did the subject firm shift its production of plastic injection molded parts to a foreign country from 2002 through April 2004.
The Department of Labor surveyed the subject firm’s major declining customer(s) regarding their purchases of plastic injection molded parts. The major declining customer did not purchase plastic injection molded parts during the period under investigation.
Conclusion
After careful review, I determine that all workers of Plastek Industries, Inc., Plaster Management Group, Inc., Triangle Tool Company, Inc., Spectrum Molding Division, including leased workers from Career Concepts, Erie, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,805
PLASTEK INDUSTRIES, INC.
PLASTER MANAGEMENT GROUP, INC.
TRIANGLE TOOL COMPANY, INC.
SPECTRUM MOLDING DIVISION
INCLUDING LEASED WORKERS OF CAREER CONCEPTS
ERIE, PENNSYLVANIA
Negative Determinations 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 28, 2004, in response to a petition filed on behalf of workers of Plastek Industries, Inc., Spectrum Molding Division, Erie, Pennsylvania. The workers produce plastic injection molded parts for the consumer products industry (i.e. deodorant, make-up and breath mint containers).
The investigation revealed that criteria (a)(I)(C) and (a)(II)(B) have not been met.
The investigation revealed that some of the workers wages were reported under Federal Employer Identification Number for Plaster Management Group, Inc., or Triangle Tool Company, Inc. Furthermore, the subject firm leased workers from Career Concepts, Erie Pennsylvania, to produce plastic injection molded parts for the consumer products industry (i.e. deodorant, make-up and breath mint containers).
The investigation revealed that sales, production and employment at the subject firm declined from January through April 2003 to January through April 2004.
The investigation further revealed that the subject firm neither imported plastic injection molded parts, nor did the subject firm shift its production of plastic injection molded parts to a foreign country from 2002 through April 2004.
The Department of Labor surveyed the subject firm’s major declining customer(s) regarding their purchases of plastic injection molded parts. The major declining customer did not purchase plastic injection molded parts during the period under investigation.
Conclusion
After careful review, I determine that all workers of Plastek Industries, Inc., Plaster Management Group, Inc., Triangle Tool Company, Inc., Spectrum Molding Division, including leased workers from Career Concepts, Erie, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance