Petitioner Type: Workers
Impact Date:
Filed Date: 10/04/2004
Most Recent Update: 12/21/2004
Determination Date: 12/21/2004
Expiration Date:
Employment and Training Administration
TA-W-55,724
RANBAR ELECTRICAL MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS OF CLOWA
MANOR, PENNSYLVANIA
Negative 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, 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 October 4, 2004, in
response to a petition filed on behalf of workers of Ranbar
Electrical Materials, Inc., Manor, Pennsylvania. The workers
produce coatings, custom and commodity resins (i.e. paints,
alkyds, epoxy and resins) for insulating electrical equipment.
Ranbar Electrical Materials, Inc., Manor, Pennsylvania also
leased workers from CLOWA to produce coatings, custom and
commodity resins (i.e. paints, alkyds, epoxy and resins) for
insulating electrical equipment.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation revealed sales and employment at the
subject firm declined from January through September 2004 over
the corresponding 2003 period.
The subject firm did not import paints, alkyds, epoxy or
resins in 2002, 2003 or during January through October 2004, nor
did it shift production from the Manor, Pennsylvania plant to a
foreign country.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of coatings,
custom and commodity resins (paints, alkyds, epoxy and resins)
during 2002, 2003 and January through October 2004. The
customers reported no foreign purchases during the period under
investigation.
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 workers of Ranbar
Electrical Materials, Inc., Manor, Pennsylvania, engaged in
employment related to the production of coatings, custom and
commodity resins (paints, alkyds, epoxy and resins), 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 21st day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance