Petitioner Type: Union
Impact Date: 11/07/2004
Filed Date: 11/15/2005
Most Recent Update: 12/22/2005
Determination Date: 12/22/2005
Expiration Date: 12/22/2007
Employment and Training Administration
TA-W-58,347
IMERYS
DRY BRANCH OPERATIONS
DRY BRANCH, GEORGIA
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 November 15, 2005 in
response to a petition filed by the United Steelworkers of America
Local 30232 on behalf of workers at Imerys, Dry Branch Operation,
Dry Branch, Georgia. Workers at the subject firm are engaged in the
production of kaolin products.
The investigation revealed that employment, sales and
production at the subject firm declined from 2003 to 2004 as well
as during the period of January through October 2005 when compared
to the same period in 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of kaolin products in
2003, 2004 and January through October 2005. This survey revealed
increased import purchases of kaolin products 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 do not possess skills that are 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 kaolin products produced at
Imerys, Dry Branch Operation, Dry Branch, Georgia 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 Imerys, Dry Branch Operation, Dry Branch,
Georgia who became totally or partially separated from
employment on or after November 7, 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 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 23rd day of December 2005
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance