DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,335

POWDER PROCESSING AND TECHNOLOGY, LLC
VALPARAISO, INDIANA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 November 14, 2005,
in response to a petition filed by a company official on
behalf of workers of Powder Processing & Technology, LLC,
Valparaiso, Indiana. The workers are engaged in the
production of MF90 reprographic materials fired products
and ferrite powders used in copier supplies.
The investigation revealed that criteria
(a)(2)(A)(I.B) and (a)(2)(B)(II.C) were not met.
Sales and production at the subject firm increased
from 2003 to 2004 and in January through November 2005 over
the corresponding 2004 period.
The subject firm did not import articles like or
directly competitive with articles MF90 reprographic
materials fired products and ferrite powders.
The investigation revealed that during the relevant
time period the subject firm's major customer was
purchasing ferrite powders solely for export. This
customer ceased purchasing ferrite powders from the subject
firm and will fill orders for ferrite powders from its
foreign manufacturing facility.
There was a shift in production of ferrite powders
from Powder Processing and Technology, LLC, Valparaiso,
Indiana to a foreign country. It is determined that
imports of ferrite powders are not likely to increase
following the shift.
In addition, 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 worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers at Powder
Processing & Technology, LLC, Valparaiso, Indiana, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 20th day of December, 2005.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance