Petitioner Type: Union
Impact Date:
Filed Date: 01/22/2009
Most Recent Update: 02/06/2009
Determination Date: 02/06/2009
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,947
PHILIP MORRIS USA
CABARRUS MANUFACTURING PLANT
A SUBSIDIARY OF ALTRIA GROUP, INC.
CONCORD, NORTH CAROLINA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated February 19, 2009, the petitioner
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on February 6, 2009.
The Notice of Determination was published in the Federal Register
on March 3, 2009 (74 FR 9283).
The initial investigation resulted in a negative
determination based on the finding that imports of cigarettes did
not contribute importantly to worker separations at the subject
firm. The investigation revealed that the subject firm shifted
production of cigarettes to foreign countries during the period
under investigation. However, these products were not likely to
be imported back to the United States.
In the request for reconsideration, the petitioner provided
additional information regarding a shift in production of
cigarettes to Colombia, Dominical Republic, Ecuador, El Salvador,
and Mexico.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 17th 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-64,947
PHILIP MORRIS USA
CABARRUS MANUFACTURING PLANT
A SUBSIDIARY OF ALTRIA GROUP, INC.
CONCORD, NORTH CAROLINA
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 January 22, 2009, in
response to a petition filed by the Bakery, Confectionery, Tobacco
Workers and Grain Millers Union, Local 229T on behalf of workers of
Philip Morris USA, Cabarrus Manufacturing Plant, a subsidiary of
Altria Group, Inc., Concord, North Carolina. The workers produce
cigarettes.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C.) have not been met.
The investigation revealed that the subject firm shifted
production of cigarettes to a foreign country during the period
under investigation. However, these products are not likely to be
imported back to the United States.
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 Philip Morris USA,
Cabarrus Manufacturing Plant, a subsidiary of Altria Group, Inc.,
Concord, North Carolina, 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 6th day of February 2009
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 5 -
Employment and Training Administration
TA-W-64,947
PHILIP MORRIS USA
CABARRUS MANUFACTURING PLANT
A SUBSIDIARY OF ALTRIA GROUP, INC.
CONCORD, NORTH CAROLINA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated February 19, 2009, the petitioner
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on February 6, 2009.
The Notice of Determination was published in the Federal Register
on March 3, 2009 (74 FR 9283).
The initial investigation resulted in a negative
determination based on the finding that imports of cigarettes did
not contribute importantly to worker separations at the subject
firm. The investigation revealed that the subject firm shifted
production of cigarettes to foreign countries during the period
under investigation. However, these products were not likely to
be imported back to the United States.
In the request for reconsideration, the petitioner provided
additional information regarding a shift in production of
cigarettes to Colombia, Dominical Republic, Ecuador, El Salvador,
and Mexico.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 17th 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-64,947
PHILIP MORRIS USA
CABARRUS MANUFACTURING PLANT
A SUBSIDIARY OF ALTRIA GROUP, INC.
CONCORD, NORTH CAROLINA
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 January 22, 2009, in
response to a petition filed by the Bakery, Confectionery, Tobacco
Workers and Grain Millers Union, Local 229T on behalf of workers of
Philip Morris USA, Cabarrus Manufacturing Plant, a subsidiary of
Altria Group, Inc., Concord, North Carolina. The workers produce
cigarettes.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C.) have not been met.
The investigation revealed that the subject firm shifted
production of cigarettes to a foreign country during the period
under investigation. However, these products are not likely to be
imported back to the United States.
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 Philip Morris USA,
Cabarrus Manufacturing Plant, a subsidiary of Altria Group, Inc.,
Concord, North Carolina, 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 6th day of February 2009
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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