Petitioner Type: Workers
Impact Date: 10/25/2004
Filed Date: 10/26/2005
Most Recent Update: 12/02/2005
Determination Date: 12/02/2005
Expiration Date: 12/02/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,215
BESPAK, INC.
TENAX CORPORATION
CASTLETON GROUP
APEX, NORTH CAROLINA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on December 2, 2005,
applicable to workers of Bespak, Inc., Apex, North Carolina. The
notice was published in the Federal Register on December 21, 2005
(70 FR 75841). The determination was amended on January 20,
2006, to include workers of the subject firm whose wages were
reported under, Tenax Corporation, a member of the Bespak Group.
The notice was published in the Federal Register on January 31,
2006 (71 FR 5071).
At the request of a company official, the Department again
reviewed the certification for workers of the subject firm. The
workers produce drug delivery devices (inhalers, bags, pumps,
I.V. lines, and syringes).
The company official provided information to the Department
confirming that some of the workers wages at the subject firm are
reported under the Unemployment Insurance tax account for
Castleton Group.
Based on this new information, the Department is again
amending the certification to include workers of Bespak, Inc.,
Tenax Corporation, Apex, North Carolina, whose wages are reported
to Castleton Group.
The amended notice applicable to TA-W-58,215 is hereby
issued as follows:
“All workers of Bespak, Inc., Tenax Corporation, Castleton
Group, Apex, North, Carolina, who became totally or partially
separated from employment on or after October 25, 2004,
through December 2, 2007, 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 assis-
tance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 20th day of April 2006
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,215
BESPAK, INC.
APEX, NORTH CAROLINA
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 October 26, 2005 in
response to a petition filed by workers on behalf of workers at
Bespak, Inc., Apex, North Carolina. The workers at the subject
firm manufacture drug delivery devices (inhalers, bags, pumps, I.V.
lines, and syringes).
The investigation revealed that employment and production at
the subject firm declined when the plant ceased production in
September 2005.
The investigation further revealed that the subject firm
increased imports of drug delivery devices 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.
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 determine that increases of imports of articles
like or directly competitive with drug delivery devices
manufactured at Bespak, Inc., Apex, North Carolina 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 Bespak, Inc., Apex, North Carolina, who became
totally or partially separated from employment on or after
October 25, 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, 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 2nd day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-58,215
BESPAK, INC.
TENAX CORPORATION
CASTLETON GROUP
APEX, NORTH CAROLINA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on December 2, 2005,
applicable to workers of Bespak, Inc., Apex, North Carolina. The
notice was published in the Federal Register on December 21, 2005
(70 FR 75841). The determination was amended on January 20,
2006, to include workers of the subject firm whose wages were
reported under, Tenax Corporation, a member of the Bespak Group.
The notice was published in the Federal Register on January 31,
2006 (71 FR 5071).
At the request of a company official, the Department again
reviewed the certification for workers of the subject firm. The
workers produce drug delivery devices (inhalers, bags, pumps,
I.V. lines, and syringes).
The company official provided information to the Department
confirming that some of the workers wages at the subject firm are
reported under the Unemployment Insurance tax account for
Castleton Group.
Based on this new information, the Department is again
amending the certification to include workers of Bespak, Inc.,
Tenax Corporation, Apex, North Carolina, whose wages are reported
to Castleton Group.
The amended notice applicable to TA-W-58,215 is hereby
issued as follows:
“All workers of Bespak, Inc., Tenax Corporation, Castleton
Group, Apex, North, Carolina, who became totally or partially
separated from employment on or after October 25, 2004,
through December 2, 2007, 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 assis-
tance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 20th day of April 2006
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,215
BESPAK, INC.
APEX, NORTH CAROLINA
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 October 26, 2005 in
response to a petition filed by workers on behalf of workers at
Bespak, Inc., Apex, North Carolina. The workers at the subject
firm manufacture drug delivery devices (inhalers, bags, pumps, I.V.
lines, and syringes).
The investigation revealed that employment and production at
the subject firm declined when the plant ceased production in
September 2005.
The investigation further revealed that the subject firm
increased imports of drug delivery devices 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.
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 determine that increases of imports of articles
like or directly competitive with drug delivery devices
manufactured at Bespak, Inc., Apex, North Carolina 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 Bespak, Inc., Apex, North Carolina, who became
totally or partially separated from employment on or after
October 25, 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, 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 2nd day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance