Petitioner Type: State
Impact Date: 07/17/2005
Filed Date: 06/30/2005
Most Recent Update: 07/12/2005
Determination Date: 07/12/2005
Expiration Date: 07/12/2007
Employment and Training Administration
TA-W-57,486
HOMECREST INDUSTRIES
WADENA, MINNESOTA
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 (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 30, 2005 and filed by
a state agent representative on behalf of workers at Homecrest
Industries, Wadena, Minnesota. The workers produce steel and
aluminum outdoor furniture.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on July 16, 2003 (TA-W-52,144). That
certification expires July 16, 2005.
This investigation revealed that employment and sales declined
at the subject facility from 2003 to 2004, and during the second
part of fiscal year (August through July) 2005 compared to the same
period in 2004.
The investigation also revealed that company imports of steel
and aluminum outdoor furniture from China increased 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.
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 the workers at the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Homecrest Industries, Wadena, Minnesota, who
became totally or partially separated from employment on or
after July 17, 2005 through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
I further determine that all workers of Homecrest Industries,
Wadena, Minnesota, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, as amended.
Signed in Washington, D.C., this 12th day of July, 2005.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance