Petitioner Type: Company
Impact Date: 01/17/2005
Filed Date: 01/19/2006
Most Recent Update: 03/01/2006
Determination Date: 03/01/2006
Expiration Date: 04/17/2008
Employment and Training Administration
TA-W-58,663
CLASSIC PRINT PRODUCTS, INC.
BURLINGTON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated March 15, 2006, a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm. On April 12, 2006, a Notice of Dismissal of Application
for Reconsideration was issued, stating that the application did
not contain new information supporting a conclusion that the
determination was erroneous and did not provide a justification
for reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
The petition, filed on behalf of workers at the subject firm
producing sublimated printed paper, asserted that production of
sublimated printed paper had shifted abroad. The denial, issued
on March 1, 2006, was based on the findings that neither the
subject firm nor surveyed customers imported sublimation printed
paper during the relevant period and that the subject firm did
not shift production abroad during the investigation period. The
Department’s Notice of determination was published in the Federal
Register on March 24, 2006 (70 FR 14954).
Upon receipt of new information by the company official
regarding the article produced at the subject firm, the
Department conducted an investigation to determine whether the
subject worker group is eligible to apply for worker adjustment
assistance as provided by the Trade Act of 1974, as amended.
The new information indicated that the subject firm used
sublimated printed paper as a medium to transfer ink graphics
onto substrates. The substrates were then incorporated into the
customer’s final products (water boards and snow boards).
The investigation revealed that the subject firm supplied
component parts (substrates) and a loss of business with a
manufacturer of water boards and snow boards whose workers were
certified eligible to apply for adjustment assistance contributed
importantly to the separation or threat of separation of workers
at Classic Print Products, Inc., Burlington, North Carolina.
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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that workers of
Classic Print Products, Inc., Burlington, North Carolina qualify
as adversely affected secondary workers under Section 222 of the
Trade Act of 1974, as amended. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Classic Print Products, Inc., Burlington,
North Carolina, who became totally or partially separated
from employment on or after January 17, 2005 through two
years from the date of this certification, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974."
Signed in Washington, D.C. this 17th day of April 2006.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,569
OBG DISTRIBUTION COMPANY, LLC.
CELINA, TENNESSEE
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 investigation was initiated on January 3, 2006, in
response to a petition filed by a state agency representative on
behalf of workers of OBG Distribution Company, LLC., Celina,
Tennessee. Workers perform laundry research and development
services on various pieces of fabric swatches for apparel.
The subject firm held a previous certification, TA-W-50,662,
that expired on March 19, 2005, based upon a shift in production to
Honduras and Guatemala. However, at that time the subject firm
housed a manufacturing sector which was totally separated with the
shift to the aforementioned countries.
The investigation revealed that OBG Distribution Company,
LLC., Celina, Tennessee does not produce an article within the
meaning of Section 222(a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) of the
Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The workers described above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
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 the
investigation, I determine that all workers of OBG Distribution
Company, LLC., Celina, Tennessee 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.
Signed in Washington, D.C., this 7th day of February 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance