Petitioner Type: Company
Impact Date: 06/27/2004
Filed Date: 06/29/2005
Most Recent Update: 08/01/2005
Determination Date: 08/01/2005
Expiration Date: 09/07/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,470
WILSON SPORTING GOODS COMPANY
GOLF DIVISION
A DIVISION OF AMER OF FINLAND
HUMBOLDT, TENNESSEE
Notice of Revised Determination
on Reconsideration
By letter dated August 30, 2005, a company official
requested administrative reconsideration of the Department’s
negative determination for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) for workers of the
subject facility. Workers produce golf balls.
The denial was based on the finding of no separations,
actual or threatened, during the relevant period. The denial
was issued on August 1, 2005 and published in the Federal
Register on August 26, 2005 (70 FR 50411).
The investigation revealed that January through May 2005
employment levels increased from January through May 2004 levels,
that production levels declined during January through May 2005
from January through May 2004 levels, and that a shift of
production abroad was followed by increased company imports.
In the request for reconsideration, the company official
stated that workers were separated in June 2005. Subsequent
conversations confirmed the statement and established that
additional separations are scheduled to occur in October 2005.
The investigation also revealed that all alternative trade
adjustment assistance criteria have been met. A significant
number or proportion of the worker group are age fifty years or
over and workers 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 golf balls
contributed importantly to worker separations at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Wilson Sporting Goods Company, Golf
Division, A Division of Amer of Finland, Humboldt,
Tennessee, who became totally or partially separated from
employment on or after June 27, 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 also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 7th day of September 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,470
WILSON SPORTING GOODS COMPANY
GOLF DIVISION
A DIVISION OF AMER OF FINLAND
HUMBOLDT, TENNESSEE
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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. 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 June 29, 2005 in response
to a petition filed by a company official on behalf of workers of
Wilson Sporting Goods Company, Golf Division, a division of Amer of
Finland, Humboldt, Tennessee. The workers produce golf balls.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
From 2004 to May of 2005 the subject facility experienced an
increase in employment, and workers are not currently threatened
with imminent separations.
The petitioner may reapply should circumstances change.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Wilson Sporting
Goods Company, Golf Division, a division of Amer of Finland,
Humboldt, Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 1st day of August 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-57,470
WILSON SPORTING GOODS COMPANY
GOLF DIVISION
A DIVISION OF AMER OF FINLAND
HUMBOLDT, TENNESSEE
Notice of Revised Determination
on Reconsideration
By letter dated August 30, 2005, a company official
requested administrative reconsideration of the Department’s
negative determination for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) for workers of the
subject facility. Workers produce golf balls.
The denial was based on the finding of no separations,
actual or threatened, during the relevant period. The denial
was issued on August 1, 2005 and published in the Federal
Register on August 26, 2005 (70 FR 50411).
The investigation revealed that January through May 2005
employment levels increased from January through May 2004 levels,
that production levels declined during January through May 2005
from January through May 2004 levels, and that a shift of
production abroad was followed by increased company imports.
In the request for reconsideration, the company official
stated that workers were separated in June 2005. Subsequent
conversations confirmed the statement and established that
additional separations are scheduled to occur in October 2005.
The investigation also revealed that all alternative trade
adjustment assistance criteria have been met. A significant
number or proportion of the worker group are age fifty years or
over and workers 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 golf balls
contributed importantly to worker separations at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Wilson Sporting Goods Company, Golf
Division, A Division of Amer of Finland, Humboldt,
Tennessee, who became totally or partially separated from
employment on or after June 27, 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 also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C. this 7th day of September 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,470
WILSON SPORTING GOODS COMPANY
GOLF DIVISION
A DIVISION OF AMER OF FINLAND
HUMBOLDT, TENNESSEE
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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. 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 June 29, 2005 in response
to a petition filed by a company official on behalf of workers of
Wilson Sporting Goods Company, Golf Division, a division of Amer of
Finland, Humboldt, Tennessee. The workers produce golf balls.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
From 2004 to May of 2005 the subject facility experienced an
increase in employment, and workers are not currently threatened
with imminent separations.
The petitioner may reapply should circumstances change.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Wilson Sporting
Goods Company, Golf Division, a division of Amer of Finland,
Humboldt, Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 1st day of August 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance