Petitioner Type: Company
Impact Date:
Filed Date: 07/21/2008
Most Recent Update: 09/02/2008
Determination Date: 09/02/2008
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,721
HUTCHINSON FTS, INC.
HIGH PRESSURE PLANT 1
INCLUDING ON-SITE LEASED WORKERS OF PLACEMENT PROS
LIVINGSTON, TENNESSEE
TA-W-63,721A
HUTCHINSON FTS, INC.
HIGH PRESSURE PLANT 2
INCLUDING ON-SITE LEASED WORKERS OF PLACEMENT PROS
LIVINGSTON, TENNESSEE
TA-W-63,721B
HUTCHINSON FTS, INC.
CENTRAL WAREHOUSE
LIVINGSTON, TENNESSEE
TA-W-63,721c
HUTCHINSON FTS, INC.
BYRDSTOWN, TENNESSEE
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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade 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 July 21, 2008 in response to
a petition filed by a company official on behalf of workers of
Hutchinson FTS, Inc., High Pressure, Plant 1, Livingston Tennessee
(TA-W-63,721); High Pressure, Plant 2, Livingston, Tennessee (TA-W-
63,721A); Central Warehouse, Livingston, Tennessee (TA-W-63,721B)
and Hutchinson FTS, Inc., Byrdstown, Tennessee.
The investigation revealed that both Hutchinson FTS, High
Pressure, Plant 1 (TA-W-63,721) and Plant 2 (TA-W-63,721A), leased
workers from Placement Pros.
High Pressure Plant 1 (TA-W-63,721) and High Pressure Plant 2
(TA-W-63,721A) together comprise the High Pressure Department.
Workers at those facilities produce high pressure fluid transfer
systems. The worker groups are separately identifiable by location
but not production.
Workers at the Central Warehouse (TA-W-63,721B) are engaged in
distribution operations.
The Department has determined that in the case of Hutchinson
FTS, High Pressure Department, Livingston, Tennessee (TA-W-63,721
and TA-W-63,721A), that the requirements of (b) of Section 222 have
been met.
The investigation revealed that a significant portion of
workers are faced with threat of separation.
Production at the subject facilities declined in 2006 through
June 2008.
The subject firm is shifting production of high pressure fluid
transfer systems at the two facilities to Mexico. Mexico is party
to a free trade agreement with the United States.
It is further determined that with respect to workers of
Hutchinson FTS, Inc., Central Warehouse, Livingston, Tennessee (TA-
W-63,721B) that the requirements of (a)(2)(A) of Section 222 have
also been met.
The investigation revealed that workers at the Central
Warehouse are engaged in activities supporting production at the
Hutchinson FTS, Inc., High Pressure Department, Livingston,
Tennessee (TA-W-63,721 and TA-W-63,721A).
Employment at the Central Warehouse declined from July 2007 to
July 2008 and is directly related to the shift in production of
high pressure fluid transfer systems to Mexico.
With respect to workers of Hutchinson FTS, Inc., Byrdstown,
Tennessee (TA-W-63,721C), workers are covered by an active
certification (TA-W-60,013), which expires on September 26, 2008.
Consequently, further investigation in that case would serve no
purpose. Notice of termination of that investigation is published
separately in the Federal Register.
The petitioner also requested consideration of alternative
trade adjustment assistance for workers at each of the subject firm
locations covered by the petition.
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 the case of Hutchinson FTS,
Inc., High Pressure, Plant 1, Livingston, Tennessee (TA-W-63,721);
High Pressure, Plant 2, Livingston, Tennessee (TA-W-63,721A); and
Central Warehouse, Livingston, Tennessee (TA-W-63,721B); that the
requirements of Section 246 have been met.
A significant number of workers at the division 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 facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
Hutchinson FTS, Inc., High Pressure, Plant 1, Livingston, Tennessee
(TA-W-63,721); High Pressure, Plant 2, Livingston, Tennessee (TA-W-
63,721A); and Central Warehouse, Livingston, Tennessee (TA-W-
63,721B). In accordance with the provisions of the Act, I make the
following certification:
"All workers of Hutchinson FTS, Inc., High Pressure, Plant 1,
including on-site leased workers from Placement Pros,
Livingston, Tennessee (TA-W-63,721); High Pressure, Plant 2,
including on-site leased workers from Placement Pros,
Livingston, Tennessee (TA-W-63,721A); and Central Warehouse,
Livingston, Tennessee (TA-W-63,721B); who became totally or
partially separated from employment on or after July 17, 2007,
through two years from the date of 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 at Washington, D.C., this 2nd day of September 2008
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,721C
HUTCHINSON FTS, INC.
BYRDSTOWN, TENNESSEE
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended,
an investigation was initiated on July 21, 2008 in response to a
petition filed by a company official on behalf of workers of
Hutchinson FTS, Inc., Byrdstown, Tennessee.
The petitioning group of workers is covered by an active
certification (TA-W-60,013) which expires on September 26, 2008.
Consequently, further investigation in this case would serve no
purpose, and the investigation has been terminated.
Signed at Washington, D.C., this 2nd day of September 2008
/s/ Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-63,721
HUTCHINSON FTS, INC.
HIGH PRESSURE PLANT 1
INCLUDING ON-SITE LEASED WORKERS OF PLACEMENT PROS
LIVINGSTON, TENNESSEE
TA-W-63,721A
HUTCHINSON FTS, INC.
HIGH PRESSURE PLANT 2
INCLUDING ON-SITE LEASED WORKERS OF PLACEMENT PROS
LIVINGSTON, TENNESSEE
TA-W-63,721B
HUTCHINSON FTS, INC.
CENTRAL WAREHOUSE
LIVINGSTON, TENNESSEE
TA-W-63,721c
HUTCHINSON FTS, INC.
BYRDSTOWN, TENNESSEE
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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade 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 July 21, 2008 in response to
a petition filed by a company official on behalf of workers of
Hutchinson FTS, Inc., High Pressure, Plant 1, Livingston Tennessee
(TA-W-63,721); High Pressure, Plant 2, Livingston, Tennessee (TA-W-
63,721A); Central Warehouse, Livingston, Tennessee (TA-W-63,721B)
and Hutchinson FTS, Inc., Byrdstown, Tennessee.
The investigation revealed that both Hutchinson FTS, High
Pressure, Plant 1 (TA-W-63,721) and Plant 2 (TA-W-63,721A), leased
workers from Placement Pros.
High Pressure Plant 1 (TA-W-63,721) and High Pressure Plant 2
(TA-W-63,721A) together comprise the High Pressure Department.
Workers at those facilities produce high pressure fluid transfer
systems. The worker groups are separately identifiable by location
but not production.
Workers at the Central Warehouse (TA-W-63,721B) are engaged in
distribution operations.
The Department has determined that in the case of Hutchinson
FTS, High Pressure Department, Livingston, Tennessee (TA-W-63,721
and TA-W-63,721A), that the requirements of (b) of Section 222 have
been met.
The investigation revealed that a significant portion of
workers are faced with threat of separation.
Production at the subject facilities declined in 2006 through
June 2008.
The subject firm is shifting production of high pressure fluid
transfer systems at the two facilities to Mexico. Mexico is party
to a free trade agreement with the United States.
It is further determined that with respect to workers of
Hutchinson FTS, Inc., Central Warehouse, Livingston, Tennessee (TA-
W-63,721B) that the requirements of (a)(2)(A) of Section 222 have
also been met.
The investigation revealed that workers at the Central
Warehouse are engaged in activities supporting production at the
Hutchinson FTS, Inc., High Pressure Department, Livingston,
Tennessee (TA-W-63,721 and TA-W-63,721A).
Employment at the Central Warehouse declined from July 2007 to
July 2008 and is directly related to the shift in production of
high pressure fluid transfer systems to Mexico.
With respect to workers of Hutchinson FTS, Inc., Byrdstown,
Tennessee (TA-W-63,721C), workers are covered by an active
certification (TA-W-60,013), which expires on September 26, 2008.
Consequently, further investigation in that case would serve no
purpose. Notice of termination of that investigation is published
separately in the Federal Register.
The petitioner also requested consideration of alternative
trade adjustment assistance for workers at each of the subject firm
locations covered by the petition.
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 the case of Hutchinson FTS,
Inc., High Pressure, Plant 1, Livingston, Tennessee (TA-W-63,721);
High Pressure, Plant 2, Livingston, Tennessee (TA-W-63,721A); and
Central Warehouse, Livingston, Tennessee (TA-W-63,721B); that the
requirements of Section 246 have been met.
A significant number of workers at the division 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 facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
Hutchinson FTS, Inc., High Pressure, Plant 1, Livingston, Tennessee
(TA-W-63,721); High Pressure, Plant 2, Livingston, Tennessee (TA-W-
63,721A); and Central Warehouse, Livingston, Tennessee (TA-W-
63,721B). In accordance with the provisions of the Act, I make the
following certification:
"All workers of Hutchinson FTS, Inc., High Pressure, Plant 1,
including on-site leased workers from Placement Pros,
Livingston, Tennessee (TA-W-63,721); High Pressure, Plant 2,
including on-site leased workers from Placement Pros,
Livingston, Tennessee (TA-W-63,721A); and Central Warehouse,
Livingston, Tennessee (TA-W-63,721B); who became totally or
partially separated from employment on or after July 17, 2007,
through two years from the date of 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 at Washington, D.C., this 2nd day of September 2008
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,721C
HUTCHINSON FTS, INC.
BYRDSTOWN, TENNESSEE
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended,
an investigation was initiated on July 21, 2008 in response to a
petition filed by a company official on behalf of workers of
Hutchinson FTS, Inc., Byrdstown, Tennessee.
The petitioning group of workers is covered by an active
certification (TA-W-60,013) which expires on September 26, 2008.
Consequently, further investigation in this case would serve no
purpose, and the investigation has been terminated.
Signed at Washington, D.C., this 2nd day of September 2008
/s/ Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance