Petitioner Type: Company
Impact Date: 06/08/2004
Filed Date: 06/14/2005
Most Recent Update: 07/25/2005
Determination Date: 07/25/2005
Expiration Date: 07/25/2007
Employment and Training Administration
TA-W-57,375
SMITH JONES, INC.
dba MIDWEST MANUFACTURING COMPANY
KELLOGG, IOWA
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 June 14, 2005 in response
to a petition filed by company official on behalf of workers of
Smith Jones, Inc., dba Midwest Manufacturing Company, Kellogg,
Iowa. The workers produce ring gears; workers are not separately
identifiable by product line.
The investigation also revealed that production and employment
declined during the relevant period.
The Department of Labor surveyed the subject firms' major
declining customer(s) regarding their purchases of ring gears in
2003, 2004 and January through June 2005 over the corresponding
2004 period. The survey revealed that customer(s) increased their
imports of ring gears during period under investigation.
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 conclude that increases of imports of ring gears
produced by Smith Jones, Inc., dba Midwest Manufacturing Company,
Kellogg, Iowa 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 Smith Jones, Inc., dba Midwest Manufacturing
Company, Kellogg, Iowa who became totally or partially
separated from employment on or after June 8, 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 25th day of July, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance