Petitioner Type: Workers
Impact Date: 07/13/2008
Filed Date: 07/14/2009
Most Recent Update: 04/27/2010
Determination Date: 04/27/2010
Expiration Date: 04/27/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,652
COOPER TOOLS
CURRENTLY KNOWN AS APEX TOOL GROUP, LLC
HICKSVILLE, OHIO
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on April 27, 2010, applicable to workers of Cooper
Tools, Hicksville, Ohio. The workers are engaged in activities
related to the production. The notice was published in the
Federal Register on May 28, 2010 (75 FR 30069).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that in July, 2010, Apex Tool Group, LLC.
purchased Cooper Tools and is currently known as Apex Tool Group,
LLC. Some workers separated from employment at Cooper Tools had
their wages reported under a separate unemployment insurance (UI)
tax accounts for Cooper Tools, currently known as Apex Tool
Group, LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports of air tools, torque wrenches and screwdrivers.
The amended notice applicable to TA-W-71, 652 is hereby
issued as follows:
"All workers of Cooper Tools, currently known as Apex
Tool Group, LLC, Hicksville, Ohio, who became totally
or partially separated from employment on or after July
13, 2008 through April 27, 2012, and all workers in the
group threatened with total or partial separation from
employment on date of certification through two years
from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 3rd day of March 2011.
/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-71,652
COOPER TOOLS
HICKSVILLE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or are
threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production of
such firm.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.
III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers’ separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. § 2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed by three workers on July 14, 2009 on behalf of workers of
Cooper Tools, Hicksville, Ohio. Workers at the subject firm are
engaged in activities related to the production of air tools,
torque wrenches and screwdrivers. The workers are not separately
identifiable by product.
The investigation further revealed that workers of Cooper
Tools, Hicksville, Ohio who are engaged in employment related to
the production of air tools, torque wrenches and screwdrivers meet
the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in the workers’ firm have become
totally or partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of air tools, torque wrenches and screwdrivers
by the subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with air tools, torque
wrenches and screwdrivers produced by Cooper Tools, Hicksville,
Ohio have increased. Specifically, the Department of Labor
conducted a survey of the subject firm’s major declining customers
regarding their purchases of air tools, torque wrenches and
screwdrivers during the relevant period. The survey revealed an
increased customer reliance on imported air tools, torque wrenches
and screwdrivers.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of air tools, torque wrenches and screwdrivers
by customers of Cooper Tools, Hicksville, Ohio contributed
importantly to the worker group separations and sales/production
declines at Cooper Tools, Hicksville, Ohio.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cooper Tools,
Hicksville, Ohio who are engaged in activities related to the
production of air tools, torque wrenches and screwdrivers meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
“All workers of Cooper Tools, Hicksville, Ohio, who became
totally or partially separated from employment on or after
July 13, 2008 through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 27th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-71,652
COOPER TOOLS
CURRENTLY KNOWN AS APEX TOOL GROUP, LLC
HICKSVILLE, OHIO
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on April 27, 2010, applicable to workers of Cooper
Tools, Hicksville, Ohio. The workers are engaged in activities
related to the production. The notice was published in the
Federal Register on May 28, 2010 (75 FR 30069).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that in July, 2010, Apex Tool Group, LLC.
purchased Cooper Tools and is currently known as Apex Tool Group,
LLC. Some workers separated from employment at Cooper Tools had
their wages reported under a separate unemployment insurance (UI)
tax accounts for Cooper Tools, currently known as Apex Tool
Group, LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports of air tools, torque wrenches and screwdrivers.
The amended notice applicable to TA-W-71, 652 is hereby
issued as follows:
"All workers of Cooper Tools, currently known as Apex
Tool Group, LLC, Hicksville, Ohio, who became totally
or partially separated from employment on or after July
13, 2008 through April 27, 2012, and all workers in the
group threatened with total or partial separation from
employment on date of certification through two years
from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 3rd day of March 2011.
/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-71,652
COOPER TOOLS
HICKSVILLE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or are
threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production of
such firm.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.
III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers’ separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. § 2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed by three workers on July 14, 2009 on behalf of workers of
Cooper Tools, Hicksville, Ohio. Workers at the subject firm are
engaged in activities related to the production of air tools,
torque wrenches and screwdrivers. The workers are not separately
identifiable by product.
The investigation further revealed that workers of Cooper
Tools, Hicksville, Ohio who are engaged in employment related to
the production of air tools, torque wrenches and screwdrivers meet
the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in the workers’ firm have become
totally or partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of air tools, torque wrenches and screwdrivers
by the subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with air tools, torque
wrenches and screwdrivers produced by Cooper Tools, Hicksville,
Ohio have increased. Specifically, the Department of Labor
conducted a survey of the subject firm’s major declining customers
regarding their purchases of air tools, torque wrenches and
screwdrivers during the relevant period. The survey revealed an
increased customer reliance on imported air tools, torque wrenches
and screwdrivers.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of air tools, torque wrenches and screwdrivers
by customers of Cooper Tools, Hicksville, Ohio contributed
importantly to the worker group separations and sales/production
declines at Cooper Tools, Hicksville, Ohio.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cooper Tools,
Hicksville, Ohio who are engaged in activities related to the
production of air tools, torque wrenches and screwdrivers meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
“All workers of Cooper Tools, Hicksville, Ohio, who became
totally or partially separated from employment on or after
July 13, 2008 through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 27th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -