Petitioner Type: Workers
Impact Date: 03/21/2000
Filed Date: 04/02/2001
Most Recent Update: 05/21/2001
Determination Date: 05/21/2001
Expiration Date: 12/11/2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,953
STEAG HAMATECH, INC.
SACO, MAINE
Notice of Revised Determination
on Reconsideration
By letter of July 9, 2001, the company, requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on May 21, 2001, based on the finding that the "contributed importantly" group eligibility requirement of section 222(3) of the Trade Act of 1974, as amended, was not met. The investigation revealed that imports did not contribute importantly to worker separations at the firm. A major portion of production was for the export market. The reason for the separations at the subject firm was the transfer of production abroad. The denial notice was published in the Federal Register on June 8, 2001 (66 FR 30947).
To support the request for reconsideration, the company provided additional information clarifying how the company was impacted by imported products like and directly competitive with what was produced at the subject firm.
The company indicated that they were the only domestic manufacturer of this type of equipment (referred to as replication equipment) and that the machinery is a type of capital equipment, which normally is not purchased on an annual basis. The domestic market accounted for a meaningful portion of the subject plant's customer base.
The additional information supplied by the company helped clarify customer response(s) in the survey that was conducted during the original investigation. Upon examination of the survey, it is now clear that a major customer significantly increased their imports of machinery like and directly competitive with what the subject plant produced during the relevant period.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at STEAG Hamatech, Saco, Maine contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of STEAG Hamatech, Saco, Maine, who became totally or partially separated from employment on or after March 21, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of December 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,953
STEAG HAMATECH, INC.
SACO, MAINE
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 on April 2, 2001 in response to a petition filed on behalf of workers at STEAG HamaTech, Inc., Saco, Maine. The workers are engaged in the production of unijet CD and uniline DVDs.
This investigation revealed that criterion (3) has not been met.
STEAG HamaTech, Inc. does not import the products manufactured at the subject plant. A major and increasing portion of sales are for the export market.
The predominant cause of separations at the subject firm is the transfer of production abroad to better serve their foreign market.
Conclusion
After careful review, I determine that workers of STEAG HamaTech, Inc., Saco, Maine are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of May, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,953
STEAG HAMATECH, INC.
SACO, MAINE
Notice of Revised Determination
on Reconsideration
By letter of July 9, 2001, the company, requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on May 21, 2001, based on the finding that the "contributed importantly" group eligibility requirement of section 222(3) of the Trade Act of 1974, as amended, was not met. The investigation revealed that imports did not contribute importantly to worker separations at the firm. A major portion of production was for the export market. The reason for the separations at the subject firm was the transfer of production abroad. The denial notice was published in the Federal Register on June 8, 2001 (66 FR 30947).
To support the request for reconsideration, the company provided additional information clarifying how the company was impacted by imported products like and directly competitive with what was produced at the subject firm.
The company indicated that they were the only domestic manufacturer of this type of equipment (referred to as replication equipment) and that the machinery is a type of capital equipment, which normally is not purchased on an annual basis. The domestic market accounted for a meaningful portion of the subject plant's customer base.
The additional information supplied by the company helped clarify customer response(s) in the survey that was conducted during the original investigation. Upon examination of the survey, it is now clear that a major customer significantly increased their imports of machinery like and directly competitive with what the subject plant produced during the relevant period.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at STEAG Hamatech, Saco, Maine contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of STEAG Hamatech, Saco, Maine, who became totally or partially separated from employment on or after March 21, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of December 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,953
STEAG HAMATECH, INC.
SACO, MAINE
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 on April 2, 2001 in response to a petition filed on behalf of workers at STEAG HamaTech, Inc., Saco, Maine. The workers are engaged in the production of unijet CD and uniline DVDs.
This investigation revealed that criterion (3) has not been met.
STEAG HamaTech, Inc. does not import the products manufactured at the subject plant. A major and increasing portion of sales are for the export market.
The predominant cause of separations at the subject firm is the transfer of production abroad to better serve their foreign market.
Conclusion
After careful review, I determine that workers of STEAG HamaTech, Inc., Saco, Maine are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of May, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance