Petitioner Type: Workers
Impact Date:
Filed Date: 10/20/2004
Most Recent Update: 12/02/2004
Determination Date: 12/02/2004
Expiration Date:
Employment and Training Administration
TA-W-55,838
CAROLINA STEEL
LYNCHBURG, VIRGINIA
Negative Determination Regarding Eligibility to Apply for
Worker 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 20, 2004 in
response to a petition filed on behalf of workers at Carolina
Steel, Lynchburg, Virginia. Workers at the subject firm produce
fabricated steel.
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 shift
production of fabricated steel abroad, or import fabricated steel
during the period under investigation.
The Department of Labor surveyed the subject firm's customers
in regards to their purchases of fabricated steel. This survey
revealed no imports of fabricated steel during the period under
investigation.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that workers of Carolina Steel,
Lynchburg, Virginia engaged in employment related to the production
of fabricated steel, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of December, 2004
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance