Petitioner Type: Company
Impact Date: 05/11/2009
Filed Date: 05/19/2010
Most Recent Update: 12/01/2010
Determination Date: 12/01/2010
Expiration Date: 12/01/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,119
DESIGN METAL PLATING, INC.
EMPORIUM, PENNSYLVANIA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2010 by a company official on behalf of workers
of Design Metal Plating, Inc., Emporium, Pennsylvania (DMP).
The workers are engaged in activities related to supplying
electroplating services for the powder metal industry.
The investigation revealed that workers of DMP who are
engaged in activities related to supplying electroplating
services for the powder metal industry meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers at DMP have become totally or
partially separated.
Criterion II has been met because workers of DMP supplied
electroplating services directly to firms with current
certified TAA worker groups, and the service supplied was
related to the production of articles that was the basis for
the TAA certifications.
Criterion III has been met because the loss of business
by DMP with the TAA-certified firms, with respect to
electroplating services sold to the TAA-certified firms,
contributed importantly to worker separations at DMP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Design Metal Plating,
Inc., Emporium, Pennsylvania, who are engaged in activities
related to electroplating services related to the powder metal
industry meet the worker group certification criteria under
Section 222(c) of the Act, 19 U.S.C. § 2272(c). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
"All workers of Design Metal Plating, Inc., Emporium,
Pennsylvania, who became totally or partially separated
from employment on or after May 11, 2009, 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 1st day of December, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,119
DESIGN METAL PLATING, INC.
EMPORIUM, PENNSYLVANIA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2010 by a company official on behalf of workers
of Design Metal Plating, Inc., Emporium, Pennsylvania (DMP).
The workers are engaged in activities related to supplying
electroplating services for the powder metal industry.
The investigation revealed that workers of DMP who are
engaged in activities related to supplying electroplating
services for the powder metal industry meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers at DMP have become totally or
partially separated.
Criterion II has been met because workers of DMP supplied
electroplating services directly to firms with current
certified TAA worker groups, and the service supplied was
related to the production of articles that was the basis for
the TAA certifications.
Criterion III has been met because the loss of business
by DMP with the TAA-certified firms, with respect to
electroplating services sold to the TAA-certified firms,
contributed importantly to worker separations at DMP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Design Metal Plating,
Inc., Emporium, Pennsylvania, who are engaged in activities
related to electroplating services related to the powder metal
industry meet the worker group certification criteria under
Section 222(c) of the Act, 19 U.S.C. § 2272(c). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
"All workers of Design Metal Plating, Inc., Emporium,
Pennsylvania, who became totally or partially separated
from employment on or after May 11, 2009, 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 1st day of December, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance