DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,366

YORKTOWNE, INC.
CABINETRY DIVISION
A SUBSIDIARY OF ELKAY MANUFACTURING COMPANY
MIFFLINBURG, PENNSYLVANIA

Negative Determinations 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 May 10, 2006 in response to
a petition filed by the Carpenters and Joiners of America, Local
2837 on behalf of workers of Yorktowne, Inc., Cabinetry Division, a
subsidiary of Elkay Manufacturing Company, Mifflinburg,
Pennsylvania. The workers of the subject facility produce kitchen
and bathroom cabinetry. They are not separately identifiable
between the two products.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import kitchen and bathroom cabinetry
in 2004, 2005 or January through April, 2006, nor did it shift
production to a foreign country in those periods.
The Department of Labor surveyed the subject facility's
primary customers regarding purchases of kitchen and bathroom
cabinetry during the period under investigation. The survey
overall revealed customers substantially increased purchases from
domestic firms, and there were no indications of increased customer
imports during a period of declining subject firm sales and reduced
customer purchases from the subject firm.
Production at the subject firm's Mifflinburg facility is being
shifted to another domestic facility.
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 Yorktowne, Inc.,
Cabinetry Division, a subsidiary of Elkay Manufacturing Company,
Mifflinburg, Pennsylvania 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 9th day of June 2006

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance