Petitioner Type: Union
Impact Date:
Filed Date: 04/09/2001
Most Recent Update: 09/24/2001
Determination Date: 09/24/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,997
EMSIG MANUFACTURING CORPORATION
VILLAS, NEW JERSEY
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 subdi-vision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate 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 9, 2001 in response to a petition filed on behalf of workers at Emsig Manufacturing Corporation, Villas, New Jersey. The workers produced buttons.
The investigation revealed that criterion (3) has not been met.
U.S. imports of buttons, of plastics, not covered with textile material, not elsewhere specified or otherwise indicated decreased in 2000 compared to the same period in 1999.
Company imports accounted for only a minor percentage of subject plant sales in 2000 compared to 1999 and in January-March 2001 compared to the same period in 2000.
Company-wide sales decreased less than 5% in 2000 compared to 1999.
The Department conducted a survey of major declining customers of the subject firm regarding their purchases of buttons in 1999, 2000, and January-March 2001. The survey revealed that none of the respondents imported buttons in the relevant period.
Production was transferred from the subject plant to another domestic company facility.
Conclusion
After careful review, I determine that all workers of Emsig Manufacturing Corporation, Villas, New Jersey are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of September, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance