Petitioner Type: Workers
Impact Date:
Filed Date: 04/30/2004
Most Recent Update: 07/09/2004
Determination Date: 07/09/2004
Expiration Date:
Employment and Training Administration
TA-W-54,824
FINCOR AUTOMATION
div. of SAFTRONICS
YORK, PENNSYLVANIA
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, 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 30, 2004 in response
to a petition filed on behalf of workers of Fincor Automation,
Inc., York, Pennsylvania. The workers produce industrial
electrical motor controls.
The investigation revealed criteria I.C and II.B have not been
met.
Company imports of industrial electric motor controls are
minimal and have not increased in the relevant period. There has
been no production shift to a foreign location.
The Department of Labor surveyed major customers regarding
their purchases of electrical motor controls in 2002, 2003 and
January through May, 2003-2004. The survey revealed that
respondents did not import in the above periods.
An important cause of worker separations at the subject firm
is the shift of production to other domestic locations.
Conclusion
After careful review, I determine that all workers of Fincor
Automation, Inc., div. of Saftronics, York, Pennsylvania are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 9th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance