Petitioner Type: Workers
Impact Date: 04/22/2004
Filed Date: 04/25/2005
Most Recent Update: 06/06/2005
Determination Date: 06/06/2005
Expiration Date: 06/06/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,039
DAVLYN MANUFACTURING COMPANY, INC.
SPRING CITY, PENNSYLVANIA
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)(A) of
Section 222 have been met.
The investigation was initiated on April 25, 2005, in response
to a petition filed on behalf of workers of Davlyn Manufacturing
Company, Inc., Spring City, Pennsylvania. The workers produce oven
gaskets.
The investigation revealed that sales, production and
employment at the subject firm declined during the relevant period.
The Department of Labor surveyed the subject firm's major
customer regarding their purchases of oven gaskets in 2003, 2004
and January through April 2005. This survey revealed increases in
customer imports of this product 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.
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 determine that increases of imports of articles
like or directly competitive with oven gaskets produced by Davlyn
Manufacturing Company, Inc., Spring City, Pennsylvania contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of Davlyn Manufacturing Company, Inc., Spring City,
Pennsylvania, engaged in employment related to the production
of oven gaskets, who became totally or partially separated
from employment on or after April 22, 2004 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 6th day of June, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance