Petitioner Type: Company
Impact Date: 05/09/2004
Filed Date: 10/05/2004
Most Recent Update: 10/27/2004
Determination Date: 10/27/2004
Expiration Date: 10/27/2006
BUSINESS CONFIDENTIAL
TA-W-55,734
OWT INDUSTRIES, INC.
POWER TOOL DIVISION
INCLUDING LEASED WORKERS OF
STAFFMASTERS USA, INC.
PICKENS, SOUTH CAROLINA
Determination and Basis
Certification due to increased company imports. (C-1)
Previous Determination: 40,176 expiration date of 5/8/04.
Number of Workers Affected: 190
Total Number of Workers: 240
Petitioner: Company
Product: portable electric power tools such as drills, routers and
trimmers.
SIC: 2511
RELEVANT DATES:
Institution Date: October-05-04
Petition Date: October-04-04
Impact Date: May-09-04(Expiration date for 40,176)
File: S:/ONR/OATWTAAR/DTAA/WPDOCS/Case/T1/55734
Investigator: Amelia B. Lopez
Supporting Evidence
OWT Industries, Inc., Power Tool Division, Pickens, South
Carolina is the subject of the investigation. Workers at the
subject plant were engaged in employment related to the
production of portable electric power tools such as drills,
routers and trimmers and are not separately identifiable.
Ryobi Technologies, Inc., Anderson, South Carolina is an
affiliate of OWT Industries, Inc., Power Tool Division, Pickens,
South Carolina. Ryobi Technologies, Inc. distributes power tools
for OWT Industries, Inc.
Subject facility began layoffs during May and August and
September 2003 and closed the power tools operations on August
2004, impacting approximately 190 workers. Subject facility
remains open.
The subject firm's affiliate and distributor, Ryobi Technologies,
Inc., Anderson, South Carolina has increased imports of power
tools while decreasing purchases of power tools from the subject
firm. As of December 2002, according to the company official
Ryobi Technologies, Inc. will account for 100% of their total
sales of power tools produced by the subject facility from
imported power tools from China.
Ryobi Technologies shifted its production of the power tool to
China and is importing from China.
The company imports are increasing and will continued to increase
as production stopped at the subject facility.
The investigation revealed that production and employment
declined during the relevant period.
The petitioners also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,734
OWT INDUSTRIES, INC.
POWER TOOL DIVISION
INCLUDING LEASED WORKERS OF
STAFFMASTERS USA, INC.
PICKENS, SOUTH CAROLINA
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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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 October 5, 2004 and filed by a company official on
behalf of workers at OWT Industries, Inc., Power Tool Division,
Pickens, South Carolina. The workers produce portable electric
power tools such as drills, routers and trimmers.
The investigation revealed that plant sales and employment
declined during the relevant period.
The investigation further revealed that a company affiliate
increased their reliance on imported portable electric power
tools such as drills, routers and trimmers during the relevant
period.
The subject facility was under an exiting certification (TA-
W-40,176) which expired on May 8, 2004.
In accordance with Section 246 of 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 portable electric power tools
such as drills, routers and trimmers produced at OWT Industries,
Inc., Power Tool Division, Pickens, South Carolina 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 OWT Industries, Inc., Power Tool Division,
Pickens, South Carolina, including leased workers of
Staffmasters USA, Inc. working at OWT Industries, Inc.,
Power Tool Division, Pickens, South Carolina who became
totally or partially separated from employment on or after
May 9, 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."
Signed in Washington, D. C. this 27th day of October, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance