Petitioner Type: Company
Impact Date: 05/17/2003
Filed Date: 05/20/2004
Most Recent Update: 06/30/2004
Determination Date: 06/30/2004
Expiration Date: 06/30/2006
Employment and Training Administration
TA-W-54,948
R & v INDUSTRIES
d/b/a SHAPE GLOBAL TECHNOLOGY
Sanford, Maine
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 May 20, 2004 in response to
a petition filed by the company on behalf of workers at R & V
Industries, Inc., d/b/a Shape Global Technology, Sanford, Maine.
The workers were engaged in employment related to the production of
VHS cassettes.
The investigation revealed that sales, production and
employment at the subject firm decreased at the subject firm during
the relevant period.
The Department of Labor surveyed the major customer of the
subject firm regarding their purchases of VHS cassettes in 2002 and
2003 and January through April 2004 over the corresponding 2003
period. The survey revealed that the major customer increased
their reliance on imported VHS cassettes during the relevant
period.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply for
ATAA for older workers, the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act must be met. The
Department has determined in this case that the requirements 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 VHS
cassettes produced at R & V Industries, Inc., d/b/a Shape Global
Technology, Sanford, Maine 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 R & V Industries, Inc., d/b/a Shape Global
Technology, Sanford, Maine who became totally or partially
separated from employment on or after May 17, 2003 through two
years from the date of certification are eligible to apply for
adjustment assistance under Section 223, and alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C., this 30th day of June, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance