Petitioner Type: Company
Impact Date:
Filed Date: 07/23/2004
Most Recent Update: 08/17/2004
Determination Date: 08/17/2004
Expiration Date:
Employment and Training Administration
TA-W-55,309
DIMON INCORPORATED
MANUFACTURING PLANT
DANVILLE, VIRGINIA
TA-W-55,309A
DIMON INCORPORATED
CORPORATE HEADQUARTERS
WORLDWIDE OPERATIONS
DANVILLE, VIRGINIA
TA-W-55,309B
DIMON INCORPORATED
ADMINISTRATIVE BUILDING
U.S. OPERATIONS
FARMVILLE, VIRGINIA
TA-W-55,309C
DIMON INCORPORATED
MANUFACTURING PLANT
FARMVILLE, NORTH CAROLINA
Notice of Determinations 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 in response to a petition
received on July 23, 2004, and filed on behalf of workers at
Dimon Incorporated, manufacturing plant, Danville, Virginia (TA-
55,309), worldwide corporate headquarters, Danville, Virginia
(TA-55,309A), administrative building, U.S. Operations,
Farmville, North Carolina (TA-55,309B), and Manufacturing Plant,
Farmville, North Carolina (TA-W-55,309C). The workers were
engaged in activities relating to the processing of leaf tobacco.
There are existing certifications for workers at the subject
firm's plants in Danville, Virginia, and Farmville, North
Carolina, and at the firm's corporate headquarters in Danville,
Virginia (TA-W-41,601A-B, all certified August 30, 2002). These
certifications will expire August 30, 2004.
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.
With regard to the workers of Dimon Incorporated,
Manufacturing Plant, Danville, Virginia (TA-W-55,309), Corporate
Headquarters, Worldwide Operations, Danville, Virginia (TA-W-
55,309A), and Administrative Building, U.S. Operations, Farmville,
North Carolina (TA-W-55,309B), it is determined in this case that
the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that sales, production, and
employment at the subject facilities decreased during the relevant
time period.
The investigation also revealed that the declines in
employment at the subject facilities are related to the subject
firm shifting its production of tobacco to Brazil, Africa and Asia,
and subsequently importing those products into the United States.
The investigation also revealed that United States aggregate
imports of some of the more important tobacco products like and
directly competitive with those produced by the subject firm
increased substantially during the first six months of 2004 as
compared with the same time period in 2003.
With regard to workers at the Farmville, North Carolina,
plant, the investigation revealed that criteria (I.A) and (II.A)
have not been met.
There was not a significant number or proportion of the
workers at the subject facility that became totally or partially
separated, or are threatened to become totally or partially
separated 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 Department has
determined in this case that the requirements of Section 246 have
been met for the workers at the Danville, Virginia, factory and
worldwide operations office, and at the Farmville, North
Carolina, Corporate Offices, U.S. Operations.
A significant number of workers at those facilities are age
50 or over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
With regard to the workers at the Farmville, North Carolina,
factory, 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 at the Farmville, North Carolina, plant are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivisions to Brazil, Africa, and Asia
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Dimon Incorporated, Manufacturing Plant,
Danville, Virginia (TA-W-55,309), Corporate Headquarters,
Worldwide Operations, Danville, Virginia (TA-W-55,309A), and
Administrative Building, U.S. Operations, Farmville, North
Carolina (TA-W-55,309B), who became totally or partially
separated from employment on or after August 31, 2004, 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."
I further determine that all workers at Dimon Incorporated,
manufacturing plant, Farmville, North Carolina (TA-W-55,309C),
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 17th day of August 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance