Petitioner Type: Company
Impact Date: 11/14/2004
Filed Date: 11/15/2005
Most Recent Update: 12/29/2005
Determination Date: 12/29/2005
Expiration Date: 12/29/2007
Employment and Training Administration
TA-W-58,345
FORMICA CORPORATION
ODENTON, MARYLAND
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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)(B) of
Section 222 have been met.
The investigation was initiated November 15, 2005 in response
to a petition filed by a company official on behalf of workers at
Formica Corporation, Odenton, Maryland. The workers at the subject
firm produce polyester resin solid surface material/sheets.
The investigation revealed that employment at the subject firm
decreased in December 2005.
The investigation revealed that the subject firm shifted some
of its polyester resin solid surface material/sheets production
from Odenton, Maryland to China.
Moreover, the investigation revealed that company imports of
polyester resin solid surface material/sheets increased during the
relevant period.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
are adverse.
The Department has determined that criterion 2 has not been
met.
The investigation revealed that workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Formica Corporation, Odenton, Maryland who
became totally or partially separated from employment on or
after November 14, 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;" and
"I further determine that all workers of Formica Corporation,
Odenton, Maryland are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 29th day of December 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance