Petitioner Type: Company
Impact Date: 03/10/2007
Filed Date: 03/17/2008
Most Recent Update: 05/15/2008
Determination Date: 05/15/2008
Expiration Date: 06/24/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,011
B. WALTER AND COMPANY
WABASH, INDIANA
Notice of Revised Determination
on Reconsideration
By application dated May 26, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm.
The initial investigation initiated on March 17, 2008,
resulted in a negative determination issued on May 15, 2008, was
based on the finding that imports of metal stampings did not
contribute importantly to worker separations at the subject firm
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on May 29,
2008 (73 FR 30978).
In the request for reconsideration, the petitioner provided
new information regarding a customer of the subject firm, which
was recently certified eligible for TAA.
Upon further investigation it was determined that B. Walter
and Company, Wabash, Indiana supplied metal stampings that were
used in the production of wooden furniture, 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 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, as amended, 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 B. Walter and
Company, Wabash, Indiana 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 B. Walter and Company, Wabash, Indiana, who
became totally or partially separated from employment on or
after March 10, 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 24th day of June 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-63,011
B. WALTER AND COMPANY
WABASH, INDIANA
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 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 March 17, 2008, in
response to a petition filed by a state agency representative on
behalf of workers of B. Walter and Company, Wabash, Indiana. The
workers produce metal stampings (parts used in kitchen cabinets and
dining room tables).
The investigation revealed that employment and sales at the
subject firm declined during the period of January through February
2008 when compared to the same time period in 2007.
The subject firm did not import metal stampings or shift the
production of metal stampings to a foreign country from 2006
through February 2008.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases in 2006, 2007, and
January through February 2008, of metal stampings or like or
directly competitive products. The surveys revealed no import
purchases during the period under investigation.
The Department also considered whether the petitioning group
of workers qualify as adversely affected secondary workers as
suppliers of component parts to a firm or subdivision primarily
affected by increased imports or a shift of production abroad. In
order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either—
(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.
The investigation determined that criterion (3) was not met.
None of the customers of B. Walter and Company, Wabash,
Indiana, whose workers were certified eligible to apply for
adjustment assistance, accounted for 20 percent of the subject
firm’s sales, nor did a loss of business contribute importantly to
the separation of workers at B. Walter and Company.
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 B. Walter and
Company, Wabash, Indiana, 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 15th day of May 2008.
/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 8 -
Employment and Training Administration
TA-W-63,011
B. WALTER AND COMPANY
WABASH, INDIANA
Notice of Revised Determination
on Reconsideration
By application dated May 26, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm.
The initial investigation initiated on March 17, 2008,
resulted in a negative determination issued on May 15, 2008, was
based on the finding that imports of metal stampings did not
contribute importantly to worker separations at the subject firm
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on May 29,
2008 (73 FR 30978).
In the request for reconsideration, the petitioner provided
new information regarding a customer of the subject firm, which
was recently certified eligible for TAA.
Upon further investigation it was determined that B. Walter
and Company, Wabash, Indiana supplied metal stampings that were
used in the production of wooden furniture, 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 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, as amended, 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 B. Walter and
Company, Wabash, Indiana 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 B. Walter and Company, Wabash, Indiana, who
became totally or partially separated from employment on or
after March 10, 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 24th day of June 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-63,011
B. WALTER AND COMPANY
WABASH, INDIANA
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 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 March 17, 2008, in
response to a petition filed by a state agency representative on
behalf of workers of B. Walter and Company, Wabash, Indiana. The
workers produce metal stampings (parts used in kitchen cabinets and
dining room tables).
The investigation revealed that employment and sales at the
subject firm declined during the period of January through February
2008 when compared to the same time period in 2007.
The subject firm did not import metal stampings or shift the
production of metal stampings to a foreign country from 2006
through February 2008.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases in 2006, 2007, and
January through February 2008, of metal stampings or like or
directly competitive products. The surveys revealed no import
purchases during the period under investigation.
The Department also considered whether the petitioning group
of workers qualify as adversely affected secondary workers as
suppliers of component parts to a firm or subdivision primarily
affected by increased imports or a shift of production abroad. In
order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either—
(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.
The investigation determined that criterion (3) was not met.
None of the customers of B. Walter and Company, Wabash,
Indiana, whose workers were certified eligible to apply for
adjustment assistance, accounted for 20 percent of the subject
firm’s sales, nor did a loss of business contribute importantly to
the separation of workers at B. Walter and Company.
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 B. Walter and
Company, Wabash, Indiana, 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 15th day of May 2008.
/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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