Denied
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TAW-55412  /  Gordon Aluminum Industries, Inc. (Schofield, WI)

Petitioner Type: Company
Impact Date:
Filed Date: 08/11/2004
Most Recent Update: 09/10/2004
Determination Date: 09/10/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,412

GORDON ALUMINUM INDUSTRIES, INC.
SCHOFIELD DIVISION
SCHOFIELD, WISCONSIN

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 August 11, 2004 in response
to a petition filed by a company official on behalf of workers at
Gordon Aluminum Industries, Inc., Schofield Division, Schofield,
Wisconsin. The workers were engaged in the production of aluminum
extrusions.
With regards to workers at the Schofield Division, the
investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import aluminum extrusions during 2002, 2003, and the first quarter
of 2004, nor did it shift production abroad during the above
period.
The Department of Labor conducted a survey of a major customer
cited by the subject firm regarding its purchases of aluminum
extrusions during 2002, 2003 and the first quarter of 2004.
Results of the survey indicated that customer imports of aluminum
extrusions were very minor. They occurred during a period of
increasing purchases from Gordon Aluminum and did not contribute
importantly to declines in employment at that company.
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 Gordon
Aluminum Industries, Inc., Schofield Division, Schofield, Wisconsin
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 10th day of September, 2004

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance