U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,355

HAWLEY PRODUCTS INCORPORATED
PADUCAH, KENTUCKY


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated December 12, 2007, a company official
requested administrative reconsideration of the Department’s
Notice of Negative Determination Regarding Eligibility to Apply
for Worker Adjustment Assistance applicable to workers and former
workers of the subject firm. The negative determination was
issued on November 8, 2007, and the Department’s Notice of
negative determination was published in the Federal Register on
November 21, 2007 (72 FR 65607). The subject workers are engaged
in the production of loudspeaker cones.
The determination was based on the Department’s findings
that subject firm sales and production of loudspeaker cones
increased from January through September 2007 compared with the
same period on 2006. During the relevant period, the subject
firm did not import loudspeaker cones or shift production of
loudspeaker cones abroad.
In the request for reconsideration, the company official
stated that subject firm production had decreased during the
relevant period and is closing.


The Department has carefully reviewed the request for
reconsideration and has determined that the Department will
conduct further investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 3rd day of January 2008.
/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-62,355

HAWLEY PRODUCTS INCORPORATED
PADUCAH, KENTUCKY

Negative Determination 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 October 24, 2007 in
response to a petition filed by a company official on behalf of
workers of Hawley Products Incorporated, Paducah, Kentucky. The
workers produce loudspeaker cones.
The investigation revealed that criterion (a)(2)(A)(I.B.) and
(a)(2)(B)(II.B.) have not been met.
All workers of Hawley Products Incorporated, Paducah,
Kentucky, were previously certified eligible to apply for
adjustment assistance under petition number TA-W-57,294, which
expired July 8, 2007.
The investigation revealed that sales and production of
loudspeaker cones increased from January through September 2007
compared with the same period of 2006.
The investigation revealed that the subject firm did not
import or shift production of loudspeaker cones to a foreign
country during the relevant period.
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 Hawley Products
Incorporated, Paducah, Kentucky, 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 8th day of November 2007.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance








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