Petitioner Type: Workers
Impact Date: 06/30/2003
Filed Date: 07/09/2004
Most Recent Update: 07/26/2004
Determination Date: 07/26/2004
Expiration Date: 07/26/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,211
BRYAN CHINA COMPANY
NEW CASTLE, 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, 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.
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 in response to a petition
received on July 9, 2004, and filed on behalf of workers at
Bryan China Company, New Castle, Pennsylvania. The workers
produce decorated china.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm's major declining customer(s) regarding their purchases of
decorated china during 2002, 2003, and January through May 2004
over the corresponding 2003 period. The survey revealed that
major customer(s) increased their reliance on imported decorated
china during the relevant time 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
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 determine that increases of imports of articles
like or directly competitive with decorated china produced at
the Bryan China Company, New Castle, Pennsylvania, 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 the Bryan China Company, New Castle,
Pennsylvania, who became totally or partially separated
from employment on or after June 30, 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 in Washington, D.C. this 26th day of July 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance