Petitioner Type: Workers
Impact Date:
Filed Date: 07/17/2007
Most Recent Update: 07/30/2007
Determination Date: 07/30/2007
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,833
CHAPIN WATERMATICS INCORPORATED
A SUBSIDIARY OF JAIN AMERICAS INCORPORATED
WATERTOWN, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 20, 2007, a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice was signed on July 30, 2007 and published in the Federal Register on August 14, 2007 (72 FR 45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at Chapin Watermatics Inc. a subsidiary of Jain Americas Inc., Watertown, New York engaged in the production of irrigation systems, such as drip irrigation tape, was denied based on the findings that during the relevant time period, the subject company did not separate or threaten to separate a significant number or proportion of workers, as required by Section 222 of the Trade Act of 1974.
In the request for reconsideration, the petitioner states that there were five workers laid off from the subject firm during the relevant time period.
For companies with a workforce of over fifty workers, a significant proportion of worker separations or threatened separation is five percent. Significant number or proportion of the workers in a firm or appropriate subdivision with a workforce of fewer than 50 workers is at least three workers. In determining whether there were a significant proportion of workers separated or threatened with separations at the subject company during the relevant time period, the Department requested employment figures for the subject firm for 2005, 2006, and January through August, 2007. A careful review of the information provided in the initial investigation revealed that five workers were laid off from the administrative office at the subject firm during the relevant time period. However, overall employment at the subject firm has increased from 2005 to 2006 and from January through August, 2007 when compared with the same period in 2006.
Furthermore, a review of the initial investigation also revealed that the subject company sales and production of drip irrigation tape increased from 2005 to 2006, and also increased during January through June of 2007 when compared with the same period in 2006, and that the subject company did not shift production abroad.
As employment levels, sales and production at the subject facility did not decline in the relevant period, and the subject firm did not shift production to a foreign country, criteria (a)(2)(A)(I.A), (a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have not been met.
Conclusion
After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, D.C., this 5th day of September, 2007
/s/ Elliott S. Kushner
______________________
ELLIOTT S. Kushner Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,833
CHAPIN WATERMATICS INCORPORATED
A SUBSIDIARY OF JAIN AMERICAS INCORPORATED
WATERTOWN, NEW YORK
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 July 17, 2007 in response to a petition filed on behalf of workers of Chapin Watermatics Incorporated, A subsidiary of Jain Americas Incorporated, Watertown, New York. The workers at the subject facility produce irrigation systems. In particular they produce drip irrigation tape.
The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) have not been met.
The investigation determined that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision thereof, means that at least three workers with a workforce of fewer than 50 workers or five percent of the workers with a workforce of 50 or more.
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, I determine that all workers of Chapin Watermatics Incorporated, A subsidiary of Jain Americas Incorporated, Watertown, New York, 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 30th day of July 2007
/s/Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-61,833
CHAPIN WATERMATICS INCORPORATED
A SUBSIDIARY OF JAIN AMERICAS INCORPORATED
WATERTOWN, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 20, 2007, a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice was signed on July 30, 2007 and published in the Federal Register on August 14, 2007 (72 FR 45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at Chapin Watermatics Inc. a subsidiary of Jain Americas Inc., Watertown, New York engaged in the production of irrigation systems, such as drip irrigation tape, was denied based on the findings that during the relevant time period, the subject company did not separate or threaten to separate a significant number or proportion of workers, as required by Section 222 of the Trade Act of 1974.
In the request for reconsideration, the petitioner states that there were five workers laid off from the subject firm during the relevant time period.
For companies with a workforce of over fifty workers, a significant proportion of worker separations or threatened separation is five percent. Significant number or proportion of the workers in a firm or appropriate subdivision with a workforce of fewer than 50 workers is at least three workers. In determining whether there were a significant proportion of workers separated or threatened with separations at the subject company during the relevant time period, the Department requested employment figures for the subject firm for 2005, 2006, and January through August, 2007. A careful review of the information provided in the initial investigation revealed that five workers were laid off from the administrative office at the subject firm during the relevant time period. However, overall employment at the subject firm has increased from 2005 to 2006 and from January through August, 2007 when compared with the same period in 2006.
Furthermore, a review of the initial investigation also revealed that the subject company sales and production of drip irrigation tape increased from 2005 to 2006, and also increased during January through June of 2007 when compared with the same period in 2006, and that the subject company did not shift production abroad.
As employment levels, sales and production at the subject facility did not decline in the relevant period, and the subject firm did not shift production to a foreign country, criteria (a)(2)(A)(I.A), (a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have not been met.
Conclusion
After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, D.C., this 5th day of September, 2007
/s/ Elliott S. Kushner
______________________
ELLIOTT S. Kushner Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,833
CHAPIN WATERMATICS INCORPORATED
A SUBSIDIARY OF JAIN AMERICAS INCORPORATED
WATERTOWN, NEW YORK
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 July 17, 2007 in response to a petition filed on behalf of workers of Chapin Watermatics Incorporated, A subsidiary of Jain Americas Incorporated, Watertown, New York. The workers at the subject facility produce irrigation systems. In particular they produce drip irrigation tape.
The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) have not been met.
The investigation determined that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision thereof, means that at least three workers with a workforce of fewer than 50 workers or five percent of the workers with a workforce of 50 or more.
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, I determine that all workers of Chapin Watermatics Incorporated, A subsidiary of Jain Americas Incorporated, Watertown, New York, 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 30th day of July 2007
/s/Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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