Petitioner Type: Company
Impact Date:
Filed Date: 11/28/2006
Most Recent Update: 01/24/2007
Determination Date: 01/24/2007
Expiration Date:
Employment and Training Administration
TA-W-60,495
DUMAINE INVESTMENT COMPANY
D/B/A INDUSTRIAL TOOL AND ENGINEERING
WARRENVILLE, SOUTH CAROLINA
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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualifies as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
The investigation was initiated on November 28, 2006 in
response to a petition filed on behalf of workers at Dumaine
Investment Company, d/b/a Industrial Tool and Engineering,
Warrenville, South Carolina. The workers at the subject facility
produced custom metal replacement parts for manufacturing
machinery.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed that was not the case.
Although the subject firm supplies component parts (custom
metal replacement parts for manufacturing machinery) to a firm
whose workers were certified for adjustment assistance, the
products supplied by the subject firm are not a component of the
finished articles (yarn and fabric) that were the basis of the
certification of the customer.
In addition, the subject firm itself has not shifted
production abroad, nor does it import the products it manufactures.
Sales to customers other that those examined as possible bases
for a secondary certification did not decline.
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 covered by this
petition of Dumaine Investment Company, d/b/a Industrial Tool and
Engineering, Warrenville, South Carolina do not qualify as
adversely affected secondary workers and are denied eligibility to
apply for adjustment assistance under section 223(b) 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 24th day of January 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance