Denied
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TAW-38962  /  Smith Systems Mfg (Plano, TX)

Petitioner Type: Workers
Impact Date:
Filed Date: 04/02/2001
Most Recent Update: 10/12/2001
Determination Date: 10/12/2001
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,962

SMITH SYSTEMS MANUFACTURING INCORPORATED
PLANO, TEXAS

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 Smith Systems Manufacturing Inc., Plano, Texas. The workers produced daycare classroom and technology furniture.
The investigation revealed that criterion (3) has not been met.
The petitioners stated that Smith Systems is importing chairs and components. The investigation disclosed that company imports of chairs and components declined from 1999 to 2000 and accounted for a minor portion of company-wide sales.
The Department surveyed the major declining customers of Smith Systems Manufacturing Inc. regarding their purchases of daycare classroom and technology furniture during 1999 and 2000. The survey revealed that none of the respondents increased their purchases of imports while decreasing their purchases from the subject firm during the relevant period.
Conclusion
After careful review, I determine that all workers of Smith Systems Manufacturing Inc., Plano, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 12th day of October, 2001

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance