Denied
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TAW-65568  /  Metal Powder Products (Saint Marys, PA)

Petitioner Type: Union
Impact Date:
Filed Date: 03/11/2009
Most Recent Update: 04/27/2009
Determination Date: 04/27/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,568

METAL POWDER PRODUCTS COMPANY
FORD ROAD DIVISION
ST. MARYS, 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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C.) were not met.
The investigation was initiated on March 11, 2009 in response
to a petition filed by the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers, Communication
Workers of America (IUE-CWA), on behalf of workers of Metal Powder
Products Company, Ford Road Division, St. Marys, Pennsylvania. The
workers at the subject firm produce powder metal parts.
The investigation revealed that the subject firm experienced
declines in employment, sales, and production during the relevant
period.
The subject firm did not import articles like or directly
competitive with powder metal parts in 2007, 2008, or in January
through February 2009 nor did it shift production of powder metal
parts abroad during the relevant period.
The Department surveyed the subject firm's major declining
customer regarding purchases of powder metal parts during 2007,
2008, and in January through February 2009. The survey revealed no
imports 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 this
investigation, I determine that all workers of Metal Powder
Products Company, Ford Road Division, St. Marys, 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 27th day of April, 2009

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance