Denied
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TAW-62391  /  Multilayer Coating Technologies, LLC (New Bedford, MA)

Petitioner Type: Workers
Impact Date:
Filed Date: 10/31/2007
Most Recent Update: 01/25/2008
Determination Date: 01/25/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,391

MULTILAYER COATING TECHNOLOGIES, LLC
NEW BEDFORD, MASSACHUSETTS

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 October 31, 2007,
in response to a petition filed on behalf of the workers of
Multilayer Coating Technologies, LLC, New Bedford,
Massachusetts. The workers are engaged in the production
of coated webs (i.e. coated photographic negatives,
photographic sheets and inkjet paper).
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met for
workers of the subject firm.
The investigation revealed that the subject firm did
not shift production of coated webs (i.e. coated
photographic negatives, photographic sheets and inkjet
paper) from the New Bedford, Massachusetts facility to a
foreign country.
Furthermore, the subject firm does not import coated
webs (i.e. coated photographic negatives, photographic
sheets and inkjet paper).
The Department of Labor surveyed the major declining
customers of the subject firm regarding their purchases of
coated photographic negatives, photographic sheets and
inkjet paper in 2005, 2006, and in January through November
2007. The survey revealed that the customers did not
increase their import purchases while decreasing purchases
from the subject firm.
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 workers of
Multilayer Coating Technologies, LLC, New Bedford,
Massachusetts, are denied eligibility to apply for adjust-
ment 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 25th day of January, 2008.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance