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TAW-62608  /  Precision Magnetics (Wayne, NJ)

Petitioner Type: Workers
Impact Date: 12/26/2006
Filed Date: 12/27/2007
Most Recent Update: 02/04/2008
Determination Date: 02/04/2008
Expiration Date: 04/17/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,608

PRECISION MAGNETICS
DIVISION OF ARNOLD MAGNETICS TECHNOLOGY
WAYNE, NEW JERSEY

Notice of Revised Determination
on Reconsideration

On March 3, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on March 11, 2008 (73 FR
13013).
The previous investigation initiated on December 27, 2007,
resulted in a negative determination issued on February 4, 2008,
was based on the finding that, during the relevant period, the
subject firm did not shift production of magnetic components and
assemblies to a foreign country and did not import magnetic
components and assemblies. The determination also stated that
the workers’ separations were attributed to a domestic shift of
production. The denial notice was published in the Federal
Register on February 22, 2008 (73 FR 9836).
In the request for reconsideration, the petitioner provided
additional information regarding production at the subject firm,
imports and customers.
Upon further investigation the Department requested a list
of customers from the subject firm. New information revealed
that Precision Magnetics, Division of Arnold Magnetic
Technologies, Wayne, New Jersey supplies component parts for
machined housings and covers for gearboxes and generators
produced by the primary firm, and at least 20 percent of its
production or sales is supplied to a manufacturer whose workers
were certified eligible to apply for adjustment assistance.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.



Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Precision Magnetics,
Division of Arnold Magnetic Technologies, Wayne, New Jersey
qualify as adversely affected secondary workers under Section 222
of the Trade Act of 1974, as amended. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Precision Magnetics, Division of Arnold
Magnetic Technologies, Wayne, New Jersey, who became totally
or partially separated from employment on or after December
26, 2006, through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 17th day of April 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-62,608

PRECISION MAGNETICS
DIVISION OF ARNOLD MAGNETICS TECHNOLOGIES
WAYNE, NEW JERSEY

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 December 27, 2007, in
response to a petition filed on behalf workers of Precision
Magnetics, Division of Arnold Magnetics Technologies, Wayne, New
Jersey. The workers produce magnetic components and assemblies.
The subject firm also leased workers from Express Personal
Services.
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 magnetic components and
assemblies from 2005 through October 2007, nor did the subject firm
shift the production of magnetic components and assemblies abroad.
The separation of workers at the subject firm is attributable
to a domestic transfer of production.
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 Precision Magnetics,
Division of Arnold Magnetics Technologies, Wayne, New Jersey 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 4th day of February 2008

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





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