Petitioner Type: Union
Impact Date: 01/18/2005
Filed Date: 01/19/2006
Most Recent Update: 02/21/2006
Determination Date: 02/21/2006
Expiration Date: 02/21/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,666
TYK AMERICA, INC.
IRVONA, PENNSYLVANIA
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)(B) of
Section 222 have been met.
The investigation was initiated on January 19, 2006 in
response to a petition filed by United Steelworkers of America
local 8166 on behalf of workers of TYK America, Inc., Irvona,
Pennsylvania. The workers produce refractory products for the
steel industry.
The investigation revealed that sales, employment and
production declined at the subject firm in 2005 compared with 2004.
The subject firm is shifting abroad a substantial portion of
production of refractory products at the Irvona facility,
accompanied by an increase in imports.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with refractory products produced at
TYK America, Inc., Irvona, Pennsylvania 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 TYK America, Inc., Irvona, Pennsylvania who
became totally or partially separated from employment on or
after January 18, 2005 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 21st day of February 2006.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance