Petitioner Type: Company
Impact Date:
Filed Date: 07/15/2004
Most Recent Update: 08/20/2004
Determination Date: 08/20/2004
Expiration Date:
Employment and Training Administration
TA-W-55,252
FIBERGLASS PRODUCTS, INCORPORATED
d/b/a FPI SYSTEMS
NORTH HAVEN, CONNECTICUT
Negative Determination 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. 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
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 July 15, 2004 in response
to a petition filed by a company official on behalf of workers at
Fiberglass Products, Incorporated, d/b/a FPI Systems, North Haven,
Connecticut. The workers at the subject firm produced industrial
capital equipment for the cleaning and surface finishing industry.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that production and employment at
the subject firm declined from 2002 to 2003. Furthermore, the
subject firm did not import industrial capital equipment for the
cleaning and surface finishing industry in 2002 and 2003, nor did
it shift production abroad during the above period.
The Department of Labor conducted surveys of the subject
firm's major customers regarding their purchases of industrial
capital equipment for the cleaning and surface finishing industry
during 2002, 2003 and the first quarter of 2004. Results of the
survey indicated that there were no customer imports of industrial
capital equipment for the cleaning and surface finishing industry.
The Department of Labor also conducted a survey of the
entities for which Fiberglass Products, Incorporated, d/b/a FPI
Systems submitted bids during the relevant period. The survey
revealed that a project was awarded to a foreign manufacturer.
However, the subject firm was not the lowest domestic bidder.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Fiberglass Products, Incorporated, d/b/a FPI Systems, North Haven,
Connecticut are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 20th day of August, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance