Petitioner Type: Company
Impact Date: 11/08/2003
Filed Date: 11/09/2004
Most Recent Update: 12/01/2004
Determination Date: 12/01/2004
Expiration Date: 12/01/2006
Employment and Training Administration
TA-W-55,966
VESUVIUS USA CORPORATION
HILLSBORO, TEXAS
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)(B) of
Section 222 have been met.
The investigation was initiated on November 9, 2004 in
response to a petition filed by a company official on behalf of
workers at Vesuvius USA Corporation, Hillsboro, Texas. The workers
of the subject facility produce refractory products used in molten
metal industries. Workers are not separately identifiable by
specific product.
The investigation revealed that it is anticipated that workers
at the subject facility will be separated upon closure of the
facility in January 2005.
The investigation revealed that the preponderance of declines
in employment at the subject facility is related to a shift in
production of refractory products to a country (Mexico) that is a
party to a free trade agreement with the United States.
In addition, 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 conclude that there was a shift in production from
Vesuvius USA Corporation, Hillsboro, Texas to Mexico of articles
that are like or directly competitive with those produced by the
subject facility. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Vesuvius USA Corporation, Hillsboro, Texas who
became totally or partially separated from employment on or
after November 8, 2003 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 1st day of December 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance