Petitioner Type: Workers
Impact Date: 04/28/2003
Filed Date: 04/29/2004
Most Recent Update: 05/28/2004
Determination Date: 05/28/2004
Expiration Date: 05/28/2006
Employment and Training Administration
TA-W-54,812
VESUVIUS USA
ALTOONA, PENNSYLVANIA
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 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 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 29, 2004 in
response to a petition filed on behalf of workers at Vesuvius
USA, Altoona, Pennsylvania. The workers produced bottom pour
refractory brick.
The investigation revealed that production, sales and
employment at the subject firm declined from 2002 to 2003 and
through the first quarter of 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of bottom pour refractory
brick in 2002-2003 and January through April, 2003-2004. The
survey revealed increasing imports during the relevant time
periods.
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 conclude that increases of imports of articles
like or directly competitive with those produced at Vesuvius USA
contributed importantly to the decline in sales or production
and to the total or partial separation of workers of that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Vesuvius USA, Altoona, Pennsylvania who
became totally or partially separated from employment on or
after April 28, 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 at Washington, D.C., this 28th day of May, 2004
/s/ Richard Church
__________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance