Denied
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TAW-60223  /  Zippo Manufacturing Co. (Bradford, PA)

Petitioner Type: Company
Impact Date:
Filed Date: 10/10/2006
Most Recent Update: 11/02/2006
Determination Date: 11/02/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,223

ZIPPO MANUFACTURING COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
ADECCO USA, INC., MM ANSWERING SERVICE, STAFFING PLUS, AND
WALKER BUSINESS
BRADFORD, PENNSYLVANIA

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
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 in response to a petition
received on October 10, 2006, filed by a company official on behalf
of workers of Zippo Manufacturing Company, Bradford, Pennsylvania.
Workers at the subject firm produce lighters.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import lighters during 2004, 2005, or January through September
2006 nor did it shift production to a foreign country.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of lighters during 2004,
2005 and January through September 2006 over the corresponding 2005
period. The survey revealed that the subject firm's major declining
domestic customer did not increase imports of lighters during the
relevant period. The investigation also revealed that a meaningful
portion of the subject firm sales declines are attributed to lost
foreign customer sales.
The investigation further revealed that the subject firm also
leased workers from Adecco USA, Inc., MM Answering Service,
Staffing Plus, and Walker Business to produce lighters.
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 this
investigation, I determine that all workers of Zippo Manufacturing
Company, Bradford, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of November 2006


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance