DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,119

NANSTON, INC.
DENTAL LAB
NORCROSS, GEORGIA

Notice of Revised Determination
on Reconsideration

By letter dated May 3, 2006 a petitioner 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.
The initial investigation resulted in a negative
determination signed on April 21, 2006 was based on the finding
that imports of dentures, crowns and orthodontics work did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on May 10,
2006 (71 FR 27291).
To support the request for reconsideration, the petitioner
supplied additional information regarding the outsourcing of
production of dentures, crowns and orthodontics by the subject
firm and imports of like or directly competitive products with
those produced at the subject firm.
A further contact with the company official revealed that
the subject firm ceased production of dentures, crowns and
orthodontics in order to outsource it to a domestic company which
manufactures dentures, crowns and orthodontics abroad.
A survey of the outsourced company revealed that a high
portion of the products supplied to the subject firm are
manufactured abroad and those imports of dentures, crowns and
orthodontics have increased significantly during the relevant
time period. The investigation revealed that outsourcing of the
production abroad and increased imports of dentures, crowns and
orthodontics contributed importantly to the declines in
production and employment at the subject firm.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Nanston,
Inc., Dental Lab, Norcross, Georgia, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Nanston, Inc., Dental Lab, Norcross, Georgia
who became totally or partially separated from employment on
or after March 6, 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 16th day of May 2006.

/s/ Elliott S. Kushner

________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,119

NANSTON, INC.
NORCROSS, GEORGIA

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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or





II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on March 30, 2006 in
response to a petition filed on behalf of workers at Nanston,
Inc., Norcross, Georgia. The workers are engaged in employment
related to the production of dentures, crowns and orthodontics
work.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.


The investigation revealed that production at the subject
firm declined during January through March 2006 over the
corresponding January through March 2005 period. These declines
were attributed to the outsourcing of the dentures and crowns to
a lab located in Gainesville, Georgia during the relevant period.
The investigation also revealed that the subject firm did
not shift production to a foreign country during the relevant
period. The company did not import products like or directly
competitive with the dentures, crowns and orthodontics work
during the period under investigation.
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 assis-
tance (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, I determine that all workers of
Nanston, Inc., Norcross, Georgia, 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 under Section 246 of the Trade Act of
1974.

Signed in Washington, D.C. this 21st day of April 2006.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance