Petitioner Type: Workers
Impact Date: 01/26/2005
Filed Date: 01/27/2006
Most Recent Update: 03/02/2006
Determination Date: 03/02/2006
Expiration Date: 03/02/2008
Employment and Training Administration
TA-W-58,734
CONFLANDEY INC.
INCLUDING ON-SITE LEASED WORKERS FROM COASTAL GROUP
WHITEVILLE, NORTH CAROLINA
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 January 27, 2006 in
response to a petition filed on behalf of workers of Conflandey
Inc., Whiteville, North Carolina. Workers at the subject firm
manufacture bookbinding wire.
The subject firm also leases some workers from Coastal Group.
The investigation revealed that employment, sales, and
production at the subject firm declined from 2004 to 2005.
The Department of Labor surveyed the subject firm's major
declining customer regarding their purchases of bookbinding wire.
This survey revealed increased imports of bookbinding wire during
the relevant period.
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 1 has not been
met.
The investigation revealed that a significant number of
workers in the workers' firm are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with bookbinding wire produced by
Conflandey Inc., Whiteville, North Carolina, 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 Conflandey Inc., including on-site leased
workers from Costal Group, Whiteville, North Carolina who
became January 26, 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
I further determine that all workers of Conflandey Inc.,
including on-site leased workers from Costal Group, Whiteville,
North Carolina 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 2nd day of March 2006.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance