Petitioner Type: Company
Impact Date: 06/15/2010
Filed Date: 06/29/2011
Most Recent Update: 07/28/2011
Determination Date: 07/28/2011
Expiration Date: 07/28/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,259
WELDED TUBE OF CANADA, INC.
A SUBSIDIARY OF WELDED TUBE OF CANADA, LTD.
DELTA, OHIO
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(i) 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
(ii)(I) 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;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) 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 in response to a petition
filed on June 29, 2011 by a company official on behalf of
workers of Welded Tube of Canada, Inc., a subsidiary of Welded
Tube of Canada, Ltd., Delta, Ohio (Welded Tube Delta). The
workers' firm is engaged activities related to the production of
electrical resistance welding (ERW) processed steel tubing.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of Welded Tube
Delta to a foreign country that is party to a free trade
agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that criterion (I) has not
been met.
The investigation revealed that a significant number of
workers in the workers' firm were not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Welded Tube of
Canada, Inc., a subsidiary of Welded Tube of Canada, Ltd.,
Delta, Ohio, who are engaged in activities related to the
production of electrical resistance welding (ERW) processed
steel tubing 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 Welded Tube of Canada, Inc., a subsidiary
of Welded Tube of Canada, Ltd., Delta, Ohio, who became
totally or partially separated from employment on or after
June 15, 2010, 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; and I further determine that all workers
of Welded Tube of Canada, Inc., a subsidiary of Welded
Tube of Canada, Ltd., Delta, Ohio are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 28th day of July, 2011
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-80,259
WELDED TUBE OF CANADA, INC.
A SUBSIDIARY OF WELDED TUBE OF CANADA, LTD.
DELTA, OHIO
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(i) 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
(ii)(I) 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;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) 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 in response to a petition
filed on June 29, 2011 by a company official on behalf of
workers of Welded Tube of Canada, Inc., a subsidiary of Welded
Tube of Canada, Ltd., Delta, Ohio (Welded Tube Delta). The
workers' firm is engaged activities related to the production of
electrical resistance welding (ERW) processed steel tubing.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of Welded Tube
Delta to a foreign country that is party to a free trade
agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that criterion (I) has not
been met.
The investigation revealed that a significant number of
workers in the workers' firm were not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Welded Tube of
Canada, Inc., a subsidiary of Welded Tube of Canada, Ltd.,
Delta, Ohio, who are engaged in activities related to the
production of electrical resistance welding (ERW) processed
steel tubing 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 Welded Tube of Canada, Inc., a subsidiary
of Welded Tube of Canada, Ltd., Delta, Ohio, who became
totally or partially separated from employment on or after
June 15, 2010, 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; and I further determine that all workers
of Welded Tube of Canada, Inc., a subsidiary of Welded
Tube of Canada, Ltd., Delta, Ohio are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 28th day of July, 2011
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance