TAW-56481 / Morton Metalcraft Company of South Carolina (Honea Path, SC)
Petitioner Type: Company
Impact Date:
Filed Date: 02/02/2005
Most Recent Update: 03/07/2005
Determination Date: 03/07/2005
Expiration Date:
Employment and Training Administration
TA-W-56,481
MORTON METALCRAFT COMPANY OF SOUTH CAROLINA
INCLUDING ON-SITE LEASED WORKERS OF EMPLOYMENT STAFFING
HONEA PATH, SOUTH CAROLINA
Negative Determinations Regarding Eligibility
To Apply for Worker 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 February 2, 2005, in
response to a petition filed by a company official, on behalf of
workers of Morton Metalcraft Company of South Carolina, Honea Path,
South Carolina. The workers are engaged in the production of metal
fabrication.
The subject firm also leased workers from Employment Staffing.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed the subject firm did not import
metal fabrication, nor did it transfer production to a foreign
country during the period under investigation.
The Department of Labor surveyed the subject firms' major
customer regarding its purchases of metal fabrication in 2003, 2004
and January of 2005. The survey revealed no imports during the
period under investigation.
Conclusion
After careful review, I determine that all workers of Morton
Metalcraft Company of South Carolina, Honea Path, South Carolina,
including on-site leased workers of Employment Staffing working at
Morton Metalcraft Company of South Carolina, Honea Path, South
Carolina are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of March, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance