Petitioner Type: Workers
Impact Date:
Filed Date: 12/18/2000
Most Recent Update: 04/03/2001
Determination Date: 04/03/2001
Expiration Date:
Employment and Training Administration
TA-W-38,450
SPECIALTY MINERALS INC.
MOBILE, ALABAMA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated in response to a petition
received on December 18, 2000, filed by a company official on
behalf of workers at Specialty Minerals Inc., Mobile, Alabama.
The workers were engaged in the production of Precipitated
Calcium Carbonate (PCC).
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that there were no company
imports of articles like or directly competitive with the
Precipitated Calcium Carbonate (PCC) produced by Specialty
Minerals Inc., Mobile, Alabama.
The petitioners state that the sole customer (which is out
of business) has been approved for TAA, therefore, the subject
firm workers should be eligible. However, a TAA certification
under the Trade Act of 1974, as amended, is based on increased
imports of articles like or directly competitive with those
produced by the workers firm. In this case, the workers produced
PCC and the customer of Specialty Minerals, Inc., produced paper.
Paper cannot be considered like or directly competitive with PCC.
Conclusion
After careful review, I determine that all workers of
Specialty Minerals Inc., Mobile, Alabama are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed at Washington, D.C., this 3rd day of April, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance