Denied
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TAW-58061  /  Atfab Company (Painesville, OH)

Petitioner Type: Workers
Impact Date:
Filed Date: 10/03/2005
Most Recent Update: 11/10/2005
Determination Date: 11/10/2005
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,061

ATFAB COMPANY
PAINESVILLE, OHIO

Negative Determinations 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, 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 October 3, 2005, in
response to a petition filed on behalf of workers of Atfab
Company, Painesville, Ohio. The workers are engaged in the
production of metal finishing.
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met.
The investigation revealed that the subject firm did
not import metal finishing, nor did it shift production of
this product abroad.
The Department of Labor surveyed the subject firm's
major declining customer regarding its purchases of metal
finishing during 2003, 2004 and January through September
2005. The survey determined that the customer did not
import during the relevant period.
Conclusion
After careful review, I determine that workers of
Atfab Company, Painesville, Ohio, are denied eligibility to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C., this 10th day of November, 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance