Petitioner Type: Union
Impact Date: 02/04/2006
Filed Date: 01/10/2006
Most Recent Update: 02/01/2006
Determination Date: 02/01/2006
Expiration Date: 02/01/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,605
NVF COMPANY
YORKLYN, DELAWARE
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, as
amended (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)(A) of
Section 222 have been met.
The investigation was initiated on January 10, 2006, in
response to a petition filed by The United Steel Workers, Local 4-
0770 on behalf of workers at NVF Company, Yorklyn, Delaware. The
workers at the subject firm produce vulcanized fibre tubes.
The investigation also revealed that employment, sales and
production at the subject firm declined from 2004 to 2005.
The investigation further revealed that the subject firm
increased imports of vulcanized fibre tubes from 2004 to 2005.
In addition, in accordance with Section 246 of 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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increase in imports of articles
like or directly competitive with vulcanized fibre tubes produced
at the subject firm 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 NVF Company, Yorklyn, Delaware, who became
totally or partially separated from employment on or after
February 4, 2006, 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 1st day of February, 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance