Petitioner Type: Workers
Impact Date: 02/08/2007
Filed Date: 02/20/2008
Most Recent Update: 04/18/2008
Determination Date: 04/18/2008
Expiration Date: 07/30/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,864
AMETEK, INC.
MEASUREMENT AND CALIBRATION TECHNOLOGY DIVISION
SELLERSVILLE, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
On June 16, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice was published in the Federal Register on June 25, 2008
(73 FR 36119).
The previous investigation initiated on February 21, 2008,
resulted in a negative determination issued on April 18, 2008.
The decision was based on the finding that the number of workers
separated from the subject did not constitute a significant
number or proportion of the subject worker group (at least 5
percent) and there was no threat of future separations. The
denial notice was published in the Federal Register on May 2,
2008 (73 FR 24318).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject firm and indicated that a sufficient number of employees
have been separated from the subject firm during November 2007.
It was subsequently revealed by the company official, that
the subject firm separated a significant number of workers during
the relevant period and there was a threat of future separations.
Upon further investigation it was determined that Ametek,
Inc., Measurement and Calibration Technology Division,
Sellersville, Pennsylvania supplied gauge component parts,
including electrical cord reels, constant force springs,
mechanical reels, and power springs that were used in the
production of electronic instrumentation and gauges, and a loss
of business with domestic manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation. The parts supplied were related to the articles that
were the basis of certification.
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 Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
Pennsylvania 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 Ametek, Inc., Measurement and Calibration
Technology Division, Sellersville, Pennsylvania, who became
totally or partially separated from employment on or after
February 8, 2007, 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 30th day of July 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-62,864
AMETEK, INC.
MEASUREMENT AND CALIBRATION TECHNOLOGY DIVISION
SELLERSVILLE, 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 February 21, 2008 in
response to a petition filed by separated workers of Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
Pennsylvania. The workers produce component parts for gauges.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed 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 means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
Petitioners may reapply should circumstances change.
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 Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
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 18th day of April 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 3 -
Employment and Training Administration
TA-W-62,864
AMETEK, INC.
MEASUREMENT AND CALIBRATION TECHNOLOGY DIVISION
SELLERSVILLE, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
On June 16, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice was published in the Federal Register on June 25, 2008
(73 FR 36119).
The previous investigation initiated on February 21, 2008,
resulted in a negative determination issued on April 18, 2008.
The decision was based on the finding that the number of workers
separated from the subject did not constitute a significant
number or proportion of the subject worker group (at least 5
percent) and there was no threat of future separations. The
denial notice was published in the Federal Register on May 2,
2008 (73 FR 24318).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject firm and indicated that a sufficient number of employees
have been separated from the subject firm during November 2007.
It was subsequently revealed by the company official, that
the subject firm separated a significant number of workers during
the relevant period and there was a threat of future separations.
Upon further investigation it was determined that Ametek,
Inc., Measurement and Calibration Technology Division,
Sellersville, Pennsylvania supplied gauge component parts,
including electrical cord reels, constant force springs,
mechanical reels, and power springs that were used in the
production of electronic instrumentation and gauges, and a loss
of business with domestic manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation. The parts supplied were related to the articles that
were the basis of certification.
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 Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
Pennsylvania 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 Ametek, Inc., Measurement and Calibration
Technology Division, Sellersville, Pennsylvania, who became
totally or partially separated from employment on or after
February 8, 2007, 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 30th day of July 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-62,864
AMETEK, INC.
MEASUREMENT AND CALIBRATION TECHNOLOGY DIVISION
SELLERSVILLE, 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 February 21, 2008 in
response to a petition filed by separated workers of Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
Pennsylvania. The workers produce component parts for gauges.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed 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 means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
Petitioners may reapply should circumstances change.
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 Ametek, Inc.,
Measurement and Calibration Technology Division, Sellersville,
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 18th day of April 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 3 -