Petitioner Type: Company
Impact Date: 01/30/2005
Filed Date: 02/13/2006
Most Recent Update: 02/23/2006
Determination Date: 02/23/2006
Expiration Date: 02/23/2008
Employment and Training Administration
TA-W-58,834
MORGAN ADVANCED TECHNOLOGIES, USA
EXETER, RHODE ISLAND
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, 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.
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 February 13, 2006 in
response to a petition filed by a company official on behalf of
workers of Morgan Advanced Materials Technologies, Exeter, Rhode
Island. The workers produce carbon seals and bearings used for
pumps that transport high pressure and temperature liquids.
Workers are not separately identifiable.
The investigation revealed that there was a decline in
employment in full year 2005 through January 2006, when compared
to full year 2004.
The subject firm shifted a portion of its production of carbon
seals and bearings to a country (Mexico) that is a party to a free
trade agreement with the United States.
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 investigation revealed that the workers have skills that
are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Morgan Advanced Materials Technologies, USA,
Exeter, Rhode Island, who became totally or partially
separated from employment on or after January 30, 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 Morgan Advanced
Materials Technologies, USA, Exeter, Rhode Island, 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 23rd day of February 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance