Denied
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TAW-59989  /  Canam Metal Products, Inc. (Colton, CA)

Petitioner Type: State
Impact Date:
Filed Date: 09/01/2006
Most Recent Update: 10/06/2006
Determination Date: 10/06/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,989

CANAM METAL PRODUCTS INCORPORATED
COLTON, CALIFORNIA

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 September 1, 2006, in
response to a petition filed by a state agency representative on
behalf of workers of Canam Metal Products Incorporated, Colton,
California. The workers produced fabricated metal parts and
performed contract paint work.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The petitioner indicated that the company is shifting
production to China.
The investigation determined that the subject firm did not
import or shift production of fabricated metal parts abroad in
2004, 2005, or during the period of January through August 2006.
The Department of Labor surveyed the subject firm's major
declining customers, regarding their purchases of fabricated metal
parts and contracted paint work in 2004, 2005, and January through
August 2006. These surveys revealed no imports of like or directly
competitive articles during the relevant period.
The Department further examined as to whether the workers of
Canam Metal Products Incorporated, Colton, California, could be
certified as secondarily affected. The investigation determined
that adjustment assistance certifications have not been issued for
workers of the firms for which Canam Metals supplied metal
components or performed the contract painting.
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 during this
investigation, I determine that workers of Canam Metal Products
Incorporated, Colton, California 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 6th day of October 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance