Petitioner Type: Company
Impact Date: 09/02/2007
Filed Date: 09/04/2008
Most Recent Update: 11/25/2008
Determination Date: 11/25/2008
Expiration Date: 03/05/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,981
PRIME TANNING COMPANY, INCORPORATED
BERWICK, MAINE
Notice of Revised Determination
on Reconsideration
On January 2, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of subject firm. The Department’s
Notice of affirmative determination was published in the Federal
Register on January 15, 2009 (74 FR 2632). Subject firm workers
produce tanned leather.
The negative determination was based on the Department’s
findings that the subject firm did not shift production to a
foreign country and that neither the subject firm nor its major
declining customers increased imports of articles like or
directly competitive with those produced by the subject firm.
During the reconsideration investigation, the Department
received new information that a major declining customer had
increased its reliance on imports of articles like or directly
competitive with those produced by the subject firm. Therefore,
the Department determines that increased imports contributed
importantly to subject firm declines and workers’ separations.
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 ATAA. The Department has determined in this case that the
group eligibility 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 conclude that increased imports of articles
like or directly competitive with those produced at Prime Tanning
Company, Inc., Berwick, Maine, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Prime Tanning Company, Inc., Berwick, Maine,
who became totally or partially separated from employment on
or after September 2, 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 eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C. this 5th day of March 2009
/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-63,981
PRIME TANNING COMPANY, INCORPORATED
BERWICK, MAINE
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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B) were not met.
The investigation was initiated on September 4, 2008, in
response to a petition filed by a company official on behalf of
workers of Prime Tanning Company, Incorporated, Berwick, Maine.
The workers are engaged in activities related to the production of
whole and half side leather sides. The workers are not separately
identifiable by product produced.
The investigation revealed that the subject firm did not
import or shift production of whole and half side leather sides to
a foreign country during the relevant period under investigation.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of whole and half side leather
sides during 2006, 2007, and January through August 2008 over the
corresponding 2007 period. The survey revealed that during the
relevant period, there were no import purchases.
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 this
investigation, I determine that all workers of Prime Tanning
Company, Incorporated, Berwick, Maine, 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 25th day of November 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,981
PRIME TANNING COMPANY, INCORPORATED
BERWICK, MAINE
Notice of Revised Determination
on Reconsideration
On January 2, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of subject firm. The Department’s
Notice of affirmative determination was published in the Federal
Register on January 15, 2009 (74 FR 2632). Subject firm workers
produce tanned leather.
The negative determination was based on the Department’s
findings that the subject firm did not shift production to a
foreign country and that neither the subject firm nor its major
declining customers increased imports of articles like or
directly competitive with those produced by the subject firm.
During the reconsideration investigation, the Department
received new information that a major declining customer had
increased its reliance on imports of articles like or directly
competitive with those produced by the subject firm. Therefore,
the Department determines that increased imports contributed
importantly to subject firm declines and workers’ separations.
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 ATAA. The Department has determined in this case that the
group eligibility 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 conclude that increased imports of articles
like or directly competitive with those produced at Prime Tanning
Company, Inc., Berwick, Maine, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Prime Tanning Company, Inc., Berwick, Maine,
who became totally or partially separated from employment on
or after September 2, 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 eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C. this 5th day of March 2009
/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-63,981
PRIME TANNING COMPANY, INCORPORATED
BERWICK, MAINE
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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B) were not met.
The investigation was initiated on September 4, 2008, in
response to a petition filed by a company official on behalf of
workers of Prime Tanning Company, Incorporated, Berwick, Maine.
The workers are engaged in activities related to the production of
whole and half side leather sides. The workers are not separately
identifiable by product produced.
The investigation revealed that the subject firm did not
import or shift production of whole and half side leather sides to
a foreign country during the relevant period under investigation.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of whole and half side leather
sides during 2006, 2007, and January through August 2008 over the
corresponding 2007 period. The survey revealed that during the
relevant period, there were no import purchases.
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 this
investigation, I determine that all workers of Prime Tanning
Company, Incorporated, Berwick, Maine, 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 25th day of November 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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