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TAW-83099  /  Niagara Ceramics (Buffalo, NY)

Petitioner Type: Workers
Impact Date: 09/19/2012
Filed Date: 09/20/2013
Most Recent Update: 03/05/2014
Determination Date: 03/05/2014
Expiration Date: 03/05/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,099

NIAGARA CERAMICS
BUFFALO, NEW YORK


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 investigation was initiated in response to a petition
filed on September 20, 2013 on behalf of workers of Niagara
Ceramics, Buffalo, New York (Niagara Ceramics). The workers'
firm is engaged in activities related to the production of ceramic
vitrified dinnerware including plates, cups, and bowls. The
workers are not separately identifiable by article produced. The
worker group does not include on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and its major declining
customers.
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 with total or
partial separation.
Section 222(a)(2)(A)(i) has been met because the sales and
production of ceramic vitrified dinnerware including plates,
cups, and bowls by Niagara Ceramics have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
ceramic vitrified dinnerware produced by Niagara Ceramics have
increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased customer imports of articles like or directly
competitive with ceramic vitrified dinnerware produced by
Niagara Ceramics contributed importantly to the worker group
separations and sales and production declines at Niagara
Ceramics.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Niagara Ceramics,
Buffalo, New York, who are engaged in activities related to the
production of ceramic vitrified dinnerware, 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 Niagara Ceramics, Buffalo, New York, who
became totally or partially separated from employment on or
after September 19, 2012 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 5th day of March, 2014

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance