Denied
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TAW-60000  /  Dyer Specialty Co., Inc. (Lake Havasu City, AZ)

Petitioner Type: Company
Impact Date:
Filed Date: 09/01/2006
Most Recent Update: 12/08/2006
Determination Date: 12/08/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,000

DYER SPECIALTY COMPANY, INC.
LAKE HAVASU CITY, ARIZONA

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 September 1, 2006 in
response to a petition filed by a company official on behalf of
workers of Dyer Specialty Company, Inc., Lake Havasu City,
Arizona. Workers at the subject firm manufacture peel and stick
vinyl die-cut letters and numbers. Workers are not separately
identifiable by product.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift the production of peel and
stick vinyl die-cut letters and numbers to a foreign country in
2004, 2005, January through August 2005, January through August
2006, nor did it import peel and stick vinyl die-cut letters and
numbers during the relevant period.
The United States Department of Labor conducted a survey
sample of the subject firm's customers regarding their purchases
of peel and stick vinyl die-cut letters and numbers. The surveys
revealed no imports of peel and stick vinyl die-cut letters and
numbers 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 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 of the facts obtained in the
investigation, I determine that all workers of Dyer Specialty
Company, Inc., Lake Havasu City, Arizona, 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 8th day of December 2006.

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