Denied
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TAW-63525  /  Overhead Door Corporation (Lewistown, PA)

Petitioner Type: Union
Impact Date:
Filed Date: 06/12/2008
Most Recent Update: 07/17/2008
Determination Date: 07/17/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,525

OVERHEAD DOOR CORPORATION
SECTIONAL FACILITY
LEWISTOWN, PENNSYLVANIA

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 June 12, 2008, in response
to a petition filed by the Greater Pennsylvania Regional Council of
Carpenters on behalf of workers of Overhead Door Corporation,
Sectional Facility, Lewistown, Pennsylvania. Workers at the
subject firm produce sectional door components.
The investigation revealed that criterion (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that employment declined as a
result of a domestic shift by the subject firm to an affiliate
facility.
The investigation further revealed that the subject firm did
not import articles like or directly competitive of sectional door
components during the period under investigation nor did they shift
production of sectional door components abroad during the same
period.
The Department of Labor surveyed the subject firms major
declining customers regarding their purchases of sectional door
components during 2006, 2007, and January through May 2008. The
surveys revealed no imports of sectional door components during the
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 Overhead Door
Corporation, Sectional Facility, Lewistown, 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 17th day of July, 2008

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