DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,152

FLOWLINE DIVISION
OF MARKOVITZ ENTERPRISES, INC.
NEW CASTLE, PENNSYLVANIA

TA-W-56,152A

FLOWLINE DIVISION
OF MARKOVITZ ENTERPRISES, INC.
WHITEVILLE, NORTH CAROLINA

Notice of Determinations
Regarding Application for Reconsideration

By application of February 24, 2005 a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firms to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on January 13, 2005 and
published in the Federal Register on February 7, 2005 (70 FR
6459).
The TAA petition, filed on behalf of workers at Flowline
Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania
(TA-W-56,152) and Flowline Division of Markovitz Enterprises,
Inc., Whiteville, North Carolina (TA-W-56,152A) engaged in
production of stainless steel butt-weld fittings was denied
because the criteria (a)(2)(A)(I.B) and (a)(2)(B)(II.B) Section
222 of the Trade Act of 1974 were not met. Firm’s sales and
production for stainless steel butt-weld fittings increased from
January through November of 2004 when compared to the same period
in 2003. The firm did not shift production of stainless steel
butt-weld fittings to a foreign country during the relevant
period.
In the request for reconsideration, the petitioner requested
an additional analysis of the subject firm’s sales, production
and employment during the relevant time period.
The Department requested additional information regarding
the dates of the separations of the workers of the subject firm
in order to establish the relevant base period for sales and
production. The review of the obtained information established
the fact that the majority of the layoffs at Flowline Division of
Markovitz Enterprises, Inc., New Castle, Pennsylvania occurred in
the first quarter of 2004. Consequently, sales, production and
imports for 2002 and 2003 are relevant in this case. It was
further revealed that sales and production declined significantly
from 2002 to 2003. Furthermore, the investigation revealed that
the subject firm increased its imports of stainless steel butt-
weld fittings during the relevant time period.
The reconsideration established that only one worker was
separated from Flowline Division of Markovitz Enterprises, Inc.,
Whiteville, North Carolina (TA-W-56,152A) during the relevant
time period. This fact was not documented during the original
investigation based on the information provided by the company
official.
When assessing eligibility for TAA, the Department makes its
determinations based on the requirements as outlined in Section
222 of the Trade Act. The investigation revealed that Flowline
Division of Markovitz Enterprises, Inc., Whiteville, North
Carolina did not separate or threaten to separate a significant
number or proportion of workers as required by Section 222 of the
Trade Act of 1974. Significant number or proportion of the
workers in a firm or appropriate subdivision thereof, means that
at least three workers with a workforce of fewer than 50 workers,
five percent of the workers with a workforce over 50 workers, or
fifty workers. As the total separated worker number was one
during the relevant period, workers of Flowline Division of
Markovitz Enterprises, Inc., Whiteville, North Carolina do not
meet the group eligibility requirements for trade adjustment
assistance.
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), and the
group eligibility requirements of Section 246 of the Trade Act
must be met.
Since the workers of Flowline Division of Markovitz
Enterprises, Inc., Whiteville, North Carolina (TA-W-56,152A) are
denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
The Department further determined that the requirements of
Section 246 have been met for workers of Flowline Division of
Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA-W-
56,152). 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 articles produced by Flowline
Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania
(TA-W-56,152) 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 the Flowline Division of Markovitz
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152),
who became totally or partially separated from employment on
or after December 2, 2003 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
and;
“I further determine that all workers at Flowline Division of
Markovitz Enterprises, Inc., Whiteville, North Carolina (TA-W-
56,152A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 14th day of April, 2005

/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,152

FLOWLINE DIVISION
OF MARKOVITZ ENTERPRISES INC.
NEW CASTLE, PENNSYLVANIA

TA-W-56,152A

FLOWLINE DIVISION
OF MARKOVITZ ENTERPRISES INC.
WHITEVILLE, NORTH CAROLINA

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 December 6, 2004 in
response to a petition filed on behalf of workers of the Flowline
Division of Markovitz Enterprises Inc., New Castle, Pennsylvania,
and the Flowline Division of Markovitz Enterprises Inc.,
Whiteville, North Carolina. Workers of the subject firm produce
stainless steel butt-weld fittings.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the firm’s sales and
production of stainless steel butt-weld fittings increased from
January through November of 2004 when compared to the same period
in 2003.
Moreover, the firm did not shift production of stainless steel
butt-weld fittings to a foreign country during the relevant period
of 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 of the facts obtained in this
investigation, I determine that all workers of the Flowline
Division of Markovitz Enterprises Inc., New Castle, Pennsylvania
(TA-W-56,152), and the Flowline Division of Markovitz Enterprises
Inc., Whiteville, North Carolina (TA-W-56,152A) 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 13th day of January 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance