Petitioner Type: Union
Impact Date:
Filed Date: 04/02/2007
Most Recent Update: 04/12/2007
Determination Date: 04/12/2007
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,232
WHEATLAND TUBE CO.
WHEATLAND, PENNSYLVANIA
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 Wheatland
Tube Co., Wheatland, Pennsylvania. 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-61,232; Wheatland Tube Co.
Wheatland, Pennsylvania (May 22, 2007)
Signed at Washington, D.C. this 24th day of May 2007.
/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,232
WHEATLAND TUBE CO.
WHEATLAND, PENNSYLVANIA
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 April 2, 2007 in response to a
petition filed by United Steelworkers of America Local 1660 on behalf of
workers of Wheatland Tube Co., Wheatland, Pennsylvania. The workers
produce standard pipe, rigid conduit, and fencing. The workers are not
separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Sales and production increased between 2005 and 2006 and in
January through February 2007 compared with the same period in 2006.
In addition, the subject firm did not shift production abroad of
anything like or competitive with standard pipe, rigid conduit, or
fencing in 2005, 2006, or January through February 2007.
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 Wheatland Tube Co., Wheatland,
Pennsylvania 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 12th day of April 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-61,232
WHEATLAND TUBE CO.
WHEATLAND, PENNSYLVANIA
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 Wheatland
Tube Co., Wheatland, Pennsylvania. 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-61,232; Wheatland Tube Co.
Wheatland, Pennsylvania (May 22, 2007)
Signed at Washington, D.C. this 24th day of May 2007.
/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,232
WHEATLAND TUBE CO.
WHEATLAND, PENNSYLVANIA
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 April 2, 2007 in response to a
petition filed by United Steelworkers of America Local 1660 on behalf of
workers of Wheatland Tube Co., Wheatland, Pennsylvania. The workers
produce standard pipe, rigid conduit, and fencing. The workers are not
separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Sales and production increased between 2005 and 2006 and in
January through February 2007 compared with the same period in 2006.
In addition, the subject firm did not shift production abroad of
anything like or competitive with standard pipe, rigid conduit, or
fencing in 2005, 2006, or January through February 2007.
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 Wheatland Tube Co., Wheatland,
Pennsylvania 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 12th day of April 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance