DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,707

GUARDIAN MANUFACTURING COMPANY
A SUBSIDIARY OF J.P. INDUSTRIES
WILLARD, OHIO


Notice of Revised Determination
on Reconsideration

By letter dated September 23, 2005, a worker requested
administrative reconsideration regarding the Department of
Labor’s Notice of Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
A negative determination regarding the subject facility was
signed on September 6, 2005. The Department’s notice will soon
be published in the Federal Register. The negative determination
was based on the findings that during the relevant period, there
were no imports of butyl rubber gloves by the subject company or
its customers and no shift of production to a foreign country.
The determination also stated that the subject company did not
lose a contract to a Canadian company and that the gloves made by
the subject company are not like or directly competitive with the
gloves made by the Canadian company who won the contract.
To support the request for reconsideration, the petitioner
supplied additional information regarding the federal contract
won by the Canadian company.
During the reconsideration investigation, the Department
contacted the federal contracting entity and the subject company.
The contracting entity and a subject company official stated that
the subject company had placed a bid for the contract but lost to
a Canadian company. The subject company official also stated
that butyl rubber gloves of the same thickness perform the same
function irregardless of the production process.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with the butyl rubber gloves
produced at the subject firm, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Guardian Manufacturing Company, A Subsidiary
of J.P. Industries, Willard, Ohio who became totally or
partially separated from employment on or after July 28,
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."
Signed in Washington, D.C. this 4th day of October 2005.

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,707

GUARDIAN MANUFACTURING COMPANY
A SUBSIDIARY OF J.P. INDUSTRIES
WILLARD, OHIO

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
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 August 10, 2005 in response
to a petition filed by a District Representative of United
Steelworkers, Local 9130-23 on behalf of workers at Guardian
Manufacturing Company, a subsidiary of J.P. Industries, Willard,
Ohio. The workers at the subject firm produce butyl rubber gloves.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import butyl rubber gloves during 2003, 2004, or January through
July of 2005 nor did it shift production to a foreign country.



The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of butyl rubber gloves
during 2003, 2004 and January through July 2005 over the
corresponding 2004 period. The survey revealed that the subject
firm's major declining customer did not import butyl rubber gloves
during the relevant period.
The petition indicated the loss of sales at the subject firm
was due to the awarding of a contract to a Canadian firm. The
investigation further revealed that the subject firm did not enter
into the referenced competitive bid process. Moreover the butyl
rubber gloves produced at the subject firm are not like or directly
competitive with the gloves requested in the contract awarded to
the Canadian firm.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Guardian
Manufacturing Company, a subsidiary of J.P. Industries, Willard,
Ohio are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of September 2005

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance