Petitioner Type: State
Impact Date: 03/30/2004
Filed Date: 04/06/2005
Most Recent Update: 05/24/2005
Determination Date: 05/24/2005
Expiration Date: 06/17/2007
Employment and Training Administration
TA-W-56,887
CENTURY MOULDING COMPANY
HOOD RIVER, OREGON
Notice of Revised Determination
on Reconsideration
By letter dated June 10, 2005 a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on May 24, 2005 was based on the finding
that imports of picture frames did not contribute importantly to
worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice will
soon be published in the Federal Register.
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major customer, it was
revealed that the customer significantly increased its import
purchases of picture frames while decreasing its purchases from
the subject firm during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production. The investigation further revealed that
production and employment at the subject firm declined during the
relevant time 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.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Century
Moulding Company, Hood River, Oregon, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Century Moulding Company, Hood River, Oregon
who became totally or partially separated from employment on
or after March 30, 2004 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."
Signed in Washington, D.C. this 17th day of June 2005.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,887
CENTURY MOULDING COMPANY
HOOD RIVER, OREGON
Negative Determination 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 April 6, 2005 in response
to a petition filed the State Trade Coordinator on behalf of
workers at Century Moulding Company, Hood River, Oregon. The
workers produce picture frames.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
There were no company imports of picture frames, nor was there
a shift in production of picture frames from the Hood River, Oregon
plant to a foreign country during the period under investigation.
The United States Department of Labor conducted a survey of
major customers of the subject firm regarding their purchases of
picture frames in 2003, 2004, and January-March 2004/2005. No
respondent reported decreasing purchases from the subject firm and
increasing imports in the relevant periods.
Conclusion
After careful review, I determine that workers producing
picture frames at Century Moulding Company, Hood River, Oregon are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance