Petitioner Type: Workers
Impact Date:
Filed Date: 05/17/2005
Most Recent Update: 05/31/2005
Determination Date: 05/31/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,192
LASER TOOL CO.
SAEGERTOWN, PENNSYLVANIA
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 May 17, 2005, in
response to a petition filed on behalf of workers of Laser Tool
Co., Saegertown, Pennsylvania. The workers produce injection
molds and plastic parts. The workers are separately identifiable
by product line.
The investigation revealed that criteria (I.B) and (II.B)
have not been met.
Sales and production at the subject firm increased during
2004 compared to the same time period in 2003 and also during
the period January through April 2005 as compared with the same
period in 2004.
The investigation also revealed that the subject firm did
not shift production of injection molds or plastic parts to a
foreign country during the relevant period.
Conclusion
After careful review, I determine that all workers of Laser
Tool Co., Saegertown, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 31st day of May 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance