Petitioner Type: Company
Impact Date: 11/22/2004
Filed Date: 11/30/2005
Most Recent Update: 01/10/2006
Determination Date: 01/10/2006
Expiration Date: 01/10/2008
Employment and Training Administration
TA-W-58,424
QUALITY MANUFACTURING, INC.
WINCHESTER, KENTUCKY
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), 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 30, 2005, in
response to a petition filed by a company official on behalf of
workers at Quality Manufacturing Inc., Winchester, Kentucky. The
workers produce toner laser cartridges.
The investigation revealed that employment declined at the
subject facility from January through October 2005, when compared
with the same time period of 2004.
The investigation revealed that the sales and production of
toner laser cartridges by the subject firm declined during January
through October of 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 toner laser
cartridges. The survey revealed increased import purchases of toner
laser cartridges 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 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
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not
been met.
The workers possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with toner laser cartridges produced
by Quality Manufacturing Inc., Winchester, Kentucky, 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 Quality Manufacturing Inc., Winchester,
Kentucky who became totally or partially separated from
employment on or after November 22, 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 Quality Manufacturing
Inc., Winchester, Kentucky 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 10th day of January 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance