Petitioner Type: State
Impact Date: 12/07/2003
Filed Date: 12/08/2004
Most Recent Update: 01/14/2005
Determination Date: 01/14/2005
Expiration Date: 01/14/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,176
SPIRIT MANUFACTURING CO., INC.
JONESBORO, ARKANSAS
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 December 8, 2004 in
response to a petition filed by a state of Arkansas official on
behalf of workers of Spirit Manufacturing Co., Inc., Jonesboro,
Arkansas. The workers produced treadmills.
The investigation revealed that a shift in production from the
subject plant to a foreign country (Taiwan) occurred during the
period of investigation, and layoffs at the subject firm resulted
from this shift in production. The investigation further revealed
that company imports have increased.
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 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
the workers' firm or subdivision to Taiwan of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been an increase in imports of
like or directly competitive articles. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Spirit Manufacturing Co., Inc., Jonesboro,
Arkansas who became totally or partially separated from
employment on or after December 7, 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 14th day of January, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance