Petitioner Type: Company
Impact Date:
Filed Date: 02/01/2007
Most Recent Update: 02/28/2007
Determination Date: 02/28/2007
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,884
C.A. LAWTON COMPANY
MACHINERY DIVISION
DE PERE, WISCONSIN
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at C.A.
Lawton Company, Machinery Division, De Pere, Wisconsin. The
application did not contain new information supporting a
conclusion that the determination was erroneous, and also did not
provide a justification for reconsideration of the determination
that was based on either mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal of the application was
issued.
TA-W-60,884; C.A. Lawton Company
Machinery Division
De Pere, Wisconsin (April 2, 2007)
Signed at Washington, D.C. this 3rd day of April 2007.
/s/ Linda G. Poole____
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,884
C.A. LAWTON COMPANY
MACHINERY DIVISION
DE PERE, WISCONSIN
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 February 1, 2007 in response to
a petition filed by a company official on behalf of workers at C.A.
Lawton Company, Machinery Division, De Pere, Wisconsin. The workers at
the subject facility produce injection and compression molding presses.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import injection and compression molding
presses, nor did it shift production to a foreign country during the
relevant period.
The Department of Labor surveyed the subject firm’s primary
customers regarding purchases of injection and compression molding
presses during 2005 and 2006. The survey revealed decreasing customer
imports.
It was alleged that imports of plastic automotive parts contributed
importantly to separations at the subject firm. However, plastic
automotive parts are not like or directly competitive with injection and
compression molding presses that are used to produce these parts. Only
imports of products like or directly competitive with the products
manufactured at the subject plant can provide the basis of worker
certification under the Trade Act.
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 the investigation, I
determine that all workers of C.A. Lawton Company, Machinery Division,
De Pere, Wisconsin, 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 28th day of February 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-60,884
C.A. LAWTON COMPANY
MACHINERY DIVISION
DE PERE, WISCONSIN
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at C.A.
Lawton Company, Machinery Division, De Pere, Wisconsin. The
application did not contain new information supporting a
conclusion that the determination was erroneous, and also did not
provide a justification for reconsideration of the determination
that was based on either mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal of the application was
issued.
TA-W-60,884; C.A. Lawton Company
Machinery Division
De Pere, Wisconsin (April 2, 2007)
Signed at Washington, D.C. this 3rd day of April 2007.
/s/ Linda G. Poole____
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,884
C.A. LAWTON COMPANY
MACHINERY DIVISION
DE PERE, WISCONSIN
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 February 1, 2007 in response to
a petition filed by a company official on behalf of workers at C.A.
Lawton Company, Machinery Division, De Pere, Wisconsin. The workers at
the subject facility produce injection and compression molding presses.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import injection and compression molding
presses, nor did it shift production to a foreign country during the
relevant period.
The Department of Labor surveyed the subject firm’s primary
customers regarding purchases of injection and compression molding
presses during 2005 and 2006. The survey revealed decreasing customer
imports.
It was alleged that imports of plastic automotive parts contributed
importantly to separations at the subject firm. However, plastic
automotive parts are not like or directly competitive with injection and
compression molding presses that are used to produce these parts. Only
imports of products like or directly competitive with the products
manufactured at the subject plant can provide the basis of worker
certification under the Trade Act.
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 the investigation, I
determine that all workers of C.A. Lawton Company, Machinery Division,
De Pere, Wisconsin, 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 28th day of February 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance