Petitioner Type: Company
Impact Date: 11/09/2005
Filed Date: 11/10/2005
Most Recent Update: 12/14/2005
Determination Date: 12/14/2005
Expiration Date: 12/14/2007
Employment and Training Administration
TA-W-58,313
ACTIVE INDUSTRIES
A SUBSIDIARY OF SUPERIOR ESSEX
BROWNSVILLE, TEXAS
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
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.
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)(B) of
Section 222 have been met.
The investigation was initiated on November 10, 2005 in
response to a petition filed by a company official on behalf of
workers of Active Industries, a subsidiary of Superior Essex,
Brownsville, Texas. The workers produce non-liquid electrical
insulation products.
The investigation revealed that the subject facility will
experience an absolute decline in sales, production and employment
upon the facility's shutdown, scheduled for December 31, 2005.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of non-liquid
electrical insulation products during the relevant period to a
country (Mexico) that is a party to a free trade agreement with the
United States.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Mexico, of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Active Industries, a subsidiary of Superior
Essex, Brownsville, Texas, who became totally or partially
separated from employment on or after November 9, 2004,
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed in Washington, D.C., this 14th day of December 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance