Petitioner Type: Workers
Impact Date: 05/24/2004
Filed Date: 06/02/2005
Most Recent Update: 07/12/2005
Determination Date: 07/12/2005
Expiration Date: 07/12/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,296
PENN METAL STAMPING, INC.
ST. MARYS, PENNSYLVANIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
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 June 2, 2005, in
response to a petition filed on behalf of workers of Penn Metal
Stamping, Inc., St. Marys, Pennsylvania. The workers produce
metal stampings for the auto industry.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
metal stampings for the auto industry during 2003, 2004, and
January through May 2005 over the corresponding 2004 period.
The survey revealed increased purchases of imported metal
stampings 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 assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that workers of the subject
firm possess skills that are easily transferable to other
positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with metal stampings for the auto
industry produced at Penn Metal Stamping, St. Marys,
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:
"All workers of Penn Metal Stamping, Inc., St. Marys,
Pennsylvania, who became totally or partially separated
from employment on or after May 24, 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
I further determine that all workers of Penn Metal
Stamping, Inc., St. Marys, Pennsylvania, are denied eligibility
to apply for alternative trade assistance under section 246 of
the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of July, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance