Petitioner Type: Workers
Impact Date:
Filed Date: 01/31/2005
Most Recent Update: 03/10/2005
Determination Date: 03/10/2005
Expiration Date:
Employment and Training Administration
TA-W-56,439
DIETRICH INDUSTRIES, INC.
PLANT #14
HAMMOND, INDIANA
TA-W-56,439A
DIETRICH INDUSTRIES, INC.
PLANT #18
HAMMOND, INDIANA
TA-W-56,439B
DIETRICH INDUSTRIES, INC.
LAPORTE, INDIANA
Negative Determination 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 January 31, 2005 in
response to a petition filed by Teamster's Local 142 on behalf of
workers at Dietrich Industries, Inc., Plant #14, Hammond, Indiana
(TA-W-56,439), Dietrich Industries, Inc., Plant #18, Hammond,
Indiana (TA-W-56,439A) and Dietrich Industries, Inc., LaPorte,
Indiana (TA-W-56,439B).
The workers of Plant #14, Hammond, Indiana are engaged in the
production of metal framing products (truss, joists, etc); they are
not separately identifiable by specific product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm did not import or shift production abroad of
metal framing products during the relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of metal framing products in
2003, 2004 and January through February, 2004-2005. Results of the
survey indicated no imports.
The workers of Plant #18, Hammond, Indiana engage in the
production of steel that undergoes coil slitting and cold
reduction. These processes are strictly for internal use within
the corporation and there are no external sales to customers.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm did not import or shift production abroad
during the relevant period steel that has undergone cold reduction
or coil slitting.
The workers of Dietrich Industries, Inc., LaPorte, Indiana
engage in the process of salvaging steel. This process also is
for internal use and there are no external sales to customers.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm did not import or shift production abroad of
salvaged steel during the relevant period.
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 assis-
tance (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, I determine that workers of Dietrich
Industries, Inc., Plant #14, Hammond, Indiana (TA-W-56,439),
Dietrich Industries, Inc., Plant #18, Hammond, Indiana (TA-W-
56,439A) and Dietrich Industries, Inc., LaPorte, Indiana (TA-W-
56,439B) 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 10th day of March 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance