Petitioner Type: Company
Impact Date: 12/28/2003
Filed Date: 12/29/2004
Most Recent Update: 02/07/2005
Determination Date: 02/07/2005
Expiration Date: 02/07/2007
Employment and Training Administration
TA-W-56,265
FYPON, LTD.
STEWARTSTOWN, PENNSYLVANIA
TA-W-56,265A
FYPON, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
STRATEGIC EDGE SOLUTIONS (SES)
SEVEN VALLEYS, PENNSYLVANIA
TA-W-56,265B
FYPON, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
STRATEGIC EDGE SOLUTIONS (SES)
HUNT VALLEY, MARYLAND
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 29, 2004 in response to
a petition filed by a company official on behalf of workers at Fypon,
Ltd, Stewartstown, Pennsylvania (TA-W-56,265); Fypon, Ltd, Seven
Valleys, Pennsylvania (TA-W-56,265A); and Fypon, Ltd, Hunt Valley,
Maryland (TA-W-56,265B). Workers at Fypon, Ltd, Stewartstown,
Pennsylvania (TA-W-56,265) and Fypon, Ltd, Seven Valleys, Pennsylvania
(TA-W-56,265A) produce molded millwork. Workers at Fypon, Ltd, Hunt
Valley, Maryland (TA-W-56,265B) are engaged in the warehousing and
distribution of the molded millwork produced at the two aforementioned
subject facilities. Workers are separately identifiable solely by
subject facility.
The investigation revealed that Fypon, Ltd, Seven Valleys,
Pennsylvania (TA-W-56,265A) and Fypon, Ltd, Hunt Valley, Maryland (TA-W-
56,265B) leased some of their workers from Strategic Edge Solutions
(SES) during the relevant period of this investigation.
The investigation revealed that workers at each subject facility
are threatened with separations. A WARN notice was issued to all
workers in December 2004 and all subject facilities are scheduled for
closure on February 28, 2005.
Furthermore, the investigation revealed that Fypon, Ltd. is
shifting production of its molded millwork to China and that company
imports are likely to increase during the relevant period.
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 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 for Fypon, Ltd,
Stewartstown, Pennsylvania (TA-W-56,265); Fypon, Ltd, Seven Valleys,
Pennsylvania (TA-W-56,265A); and Fypon, Ltd, Hunt Valley, Maryland (TA-
W-56,265B).
A significant number of workers at the subject facilities 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 there was a shift in production from the workers' firm or
subdivision to China of articles that are like or directly competitive
with those produced by the subject firm or subdivision, and there has
been or is likely to be 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 Fypon, Ltd, Stewartstown, Pennsylvania (TA-W-
56,265); Fypon, Ltd, including on-site leased workers from
Strategic Edge Solutions (SES), Seven Valleys, Pennsylvania (TA-W-
56,265A); and Fypon, Ltd, including on-site leased workers from
Strategic Edge Solutions (SES), Hunt Valley, Maryland (TA-W-
56,265B), who became totally or partially separated from
employment on or after December 28, 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 7th day of February 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance