Petitioner Type: Workers
Impact Date: 10/26/2005
Filed Date: 11/02/2006
Most Recent Update: 11/30/2006
Determination Date: 11/30/2006
Expiration Date: 11/30/2008
Employment and Training Administration
TA-W-60,355
XYRON INC.
GARDEN GROVE, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Negative Determination Regarding Eligibility to Apply
For 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on November 2, 2006, in response
to a petition filed on behalf of workers of Xyron Inc., Garden Grove,
California. The workers produced adhesive coated liners, and are not
separately identifiable.
The investigation revealed that the subject firm ceased
production in August 2006.
The investigation further revealed that company imports of
adhesive coated liners increased in January through August 2006 over
the same period of the previous year.
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.
The group eligibility criteria for the ATAA program the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been met.
The investigation revealed that the subject firm did not employ
anyone over the age of 50 years of age.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with adhesive coated liners produced by Xyron Inc.,
Garden Grove, California contributed importantly to the total or
partial separation of workers and to the decline in sales and
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Xyron Inc., Garden Grove, California, who became
totally or partially separated from employment on or after
October 26, 2005, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Xyron Inc., Garden
Grove, California, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 30th day of November, 2006
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance