Petitioner Type: Union
Impact Date:
Filed Date: 04/23/2001
Most Recent Update: 12/21/2001
Determination Date: 12/21/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,091
HERAEUS ELECTRO-NITE
PHILADELPHIA, PENNSYLVANIA
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 23, 2001 in response to a petition filed by International Brotherhood of Teamsters, Local No. 115, on behalf of workers at Heraeus Electro-Nite, Philadelphia, Pennsylvania. The workers produced disposable sensors for molten metal process.
The investigation revealed that criterion (3) has not been met.
The subject firm produces disposable sensors for molten metal process. The petitioners allege that increased imports of steel contributed importantly to declines in sales, production and employment at Heraeus Electro-Nite, Philadelphia, Pennsylvania. However, steel cannot be considered to be like or directly competitive with disposable sensors. Imports of disposable sensors for molten metal process must be considered in determining injury to workers producing disposable sensors for molten metal process at Heraeus Electro-Nite.
The Department surveyed the major declining customers of Heraeus Electro-Nite regarding their purchases of disposable sensors during 1999, 2000 and January-March 2001. The survey revealed that none of the respondents imported disposable sensors in the relevant period.
Conclusion
After careful review, I determine that all workers of Heraeus Electro-Nite, Philadelphia, Pennsylvania 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 December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,091
HERAEUS ELECTRO-NITE
PHILADELPHIA, PENNSYLVANIA
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 23, 2001 in response to a petition filed by International Brotherhood of Teamsters, Local No. 115, on behalf of workers at Heraeus Electro-Nite, Philadelphia, Pennsylvania. The workers produced disposable sensors for molten metal process.
The investigation revealed that criterion (3) has not been met.
The subject firm produces disposable sensors for molten metal process. The petitioners allege that increased imports of steel contributed importantly to declines in sales, production and employment at Heraeus Electro-Nite, Philadelphia, Pennsylvania. However, steel cannot be considered to be like or directly competitive with disposable sensors. Imports of disposable sensors for molten metal process must be considered in determining injury to workers producing disposable sensors for molten metal process at Heraeus Electro-Nite.
The Department surveyed the major declining customers of Heraeus Electro-Nite regarding their purchases of disposable sensors during 1999, 2000 and January-March 2001. The survey revealed that none of the respondents imported disposable sensors in the relevant period.
Conclusion
After careful review, I determine that all workers of Heraeus Electro-Nite, Philadelphia, Pennsylvania 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 December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance