Petitioner Type: State
Impact Date: 06/23/2003
Filed Date: 07/01/2004
Most Recent Update: 08/13/2004
Determination Date: 08/13/2004
Expiration Date: 08/13/2006
Employment and Training Administration
TA-W-55,183
ADVANTAGE TECHNOLOGIES, INC.
PLYMOUTH, MICHIGAN
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply
For 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 July 1, 2004, in
response to a petition filed by a state workforce agent on
behalf of the workers at Advantage Technologies, Inc., Plymouth,
Michigan. The workers produce pneumatic and mechanical lumbar
units and are not separately identifiable by product line.
The investigation revealed that sales, production, and
employment at the subject firm declined from January through
June 2004 when compared to the same time period in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of pneumatic and mechanical
lumbar units. This survey revealed increases in customer
imports of pneumatic and mechanical lumbar units 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
group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion (2) of Section
246 has not been met.
Workers at the firm possess skills that are easily
transferable.
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 Advantage
Technologies, Inc., Plymouth, Michigan 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 Advantage Technologies, Inc., Plymouth,
Michigan, who became totally or partially separated from
employment on or after June 23, 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
I further determine that all workers of Advantage
Technologies, Inc., Plymouth, Michigan, are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.
Signed at Washington, D.C., this 13th day of August, 2004.
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance