DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,452

KENSINGTON WINDOWS, INC.
A SUBSIDIARY OF JANCOR COMPANIES, INC.
VANDERGRIFT, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated February 27, 2009, the International
Union of Electronic, Electrical, Salaried, Machine and Furniture
Workers (IUE), Local 188643 requested administrative
reconsideration of the Department's negative determination
regarding eligibility for workers and former workers of
Kensington Windows, Inc., a subsidiary of Jancor Companies, Inc.,
Vandergrift, Pennsylvania (subject firm) to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA). The Department’s Notice of Affirmative
Determination Regarding Application for Reconsideration was
signed on March 12, 2009, and published in the Federal Register
on March 23, 2009 (74 FR 12151).
The initial determination was based on the Department’s
findings that imports of vinyl replacement windows and doors did
not contribute importantly to worker separations at the subject
firm and that no shift of production to a foreign country
occurred.
In the request for reconsideration, the petitioner alleges
that the workers of the subject firm were negatively impacted by
foreign imports and requested the Department of Labor conduct an
in depth analysis of the customer surveys.
In order to apply for TAA based on increased imports, the
subject worker group must meet the group eligibility requirements
under Section 222(a) of the Trade Act of 1974, as amended. Under
Section 222(a)(2)(A), the following criteria must be met:
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; and

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.

During the reconsideration investigation, the Department
conducted a more detailed survey of additional customers
regarding their purchases of vinyl replacement windows and doors
(including like or directly competitive articles) during 2006,
2007, January through November 2007 and January through November
2008. Based on the information provided by the major declining
customers, the Department determined that none of the customers
imported vinyl replacement windows and doors while decreasing
their purchases from the subject firm during the relevant period.
Based on the information above, the Department determines
that the group eligibility requirements under Section 222(a) of
the Trade Act of 1974, as amended, were not met.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for TAA. Since the subject workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
Kensington Windows, Inc., a subsidiary of Jancor Companies, Inc.,
Vandergrift, Pennsylvania.

Signed at Washington, D.C., this 3rd day of April 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-64,452

KENSINGTON WINDOWS, INC.
A SUBSIDIARY OF JANCOR COMPANIES, INC.
VANDERGRIFT, 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 November 17, 2008 in
response to a petition filed by the International Union of
Electronic, Electrical, Salaried, Machine and Furniture Workers
(IUE), Local 188643 on behalf of workers of Kensington Windows,
Inc., a subsidiary of Jancor Companies, Inc., Vandergrift,
Pennsylvania. The workers at the subject facility produce vinyl
replacement windows and doors. Workers are not separately
identifiable by specific product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import vinyl replacement windows and
doors, nor shift production to a foreign country during the
relevant period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of vinyl replacement
windows and doors during 2006, 2007, January through November 2008
over the corresponding 2007 period. The survey revealed that the
subject firm’s customers did not import vinyl replacement windows
and doors during the relevant 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 Kensington Windows,
Inc., a subsidiary of Jancor Companies, Inc., Vandergrift,
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 9th day of January 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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