Petitioner Type: Company
Impact Date: 04/11/2000
Filed Date: 04/30/2001
Most Recent Update: 07/16/2001
Determination Date: 07/16/2001
Expiration Date: 12/26/2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,112
DUCOA, L.P.
VERONA, MISSOURI
Notice of Revised Determination
on Reconsideration
By letter of August 21, 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 July 16, 2001, based on the finding that imports of calcium propionate, sodium propionate and calcium acetate did not contribute importantly to worker separations at the subject plant. The denial notice was published in the Federal Register on August 6, 2001 (66 FR 41052).
To support the request for reconsideration, the company supplied additional information. The company indicated that plant production was shifted to an affiliated plant located in the Netherlands and that the foreign plant imported the propionates and acetate back to the United States to serve the subject firm's domestic customer base during the relevant period.
The company also indicated that the overwhelming majority of their customer base was directed toward the U.S. market and that the products sold were not for the export market as indicated in the initial decision.
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 DuCoa, L.P., Verona, Missouri 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 DuCoa, L.P., Verona, Missouri, who became totally or partially separated from employment on or after April 11, 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 26th 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-39,112
DUCOA, L.P.
VERONA, MISSOURI
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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate 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 30, 2001, in response to a petition filed by the company on behalf of workers at DuCoa L.P., Verona, Missouri. The workers produced calcium propionate and sodium propionate which serve as food preservatives in bakery products, and calcium acetate which has various industrial and pharmaceutical applications.
The investigation revealed that criterion (3) has not been met.
The subject firm reported no company imports during the period under investigation. The production at the subject firm plant was for the export market.
The investigation revealed that while production was transferred abroad, a negligible amount of this transferred production is being imported back into the United States.
The Department of Labor conducted a customer survey which revealed increasing purchases from the subject firm and no foreign imports of a like or directly competitive product during the relevant period.
Conclusion
After careful review, I determine that all workers of DuCoa L.P., Verona, Missouri, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 16th day of July 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,112
DUCOA, L.P.
VERONA, MISSOURI
Notice of Revised Determination
on Reconsideration
By letter of August 21, 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 July 16, 2001, based on the finding that imports of calcium propionate, sodium propionate and calcium acetate did not contribute importantly to worker separations at the subject plant. The denial notice was published in the Federal Register on August 6, 2001 (66 FR 41052).
To support the request for reconsideration, the company supplied additional information. The company indicated that plant production was shifted to an affiliated plant located in the Netherlands and that the foreign plant imported the propionates and acetate back to the United States to serve the subject firm's domestic customer base during the relevant period.
The company also indicated that the overwhelming majority of their customer base was directed toward the U.S. market and that the products sold were not for the export market as indicated in the initial decision.
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 DuCoa, L.P., Verona, Missouri 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 DuCoa, L.P., Verona, Missouri, who became totally or partially separated from employment on or after April 11, 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 26th 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-39,112
DUCOA, L.P.
VERONA, MISSOURI
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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate 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 30, 2001, in response to a petition filed by the company on behalf of workers at DuCoa L.P., Verona, Missouri. The workers produced calcium propionate and sodium propionate which serve as food preservatives in bakery products, and calcium acetate which has various industrial and pharmaceutical applications.
The investigation revealed that criterion (3) has not been met.
The subject firm reported no company imports during the period under investigation. The production at the subject firm plant was for the export market.
The investigation revealed that while production was transferred abroad, a negligible amount of this transferred production is being imported back into the United States.
The Department of Labor conducted a customer survey which revealed increasing purchases from the subject firm and no foreign imports of a like or directly competitive product during the relevant period.
Conclusion
After careful review, I determine that all workers of DuCoa L.P., Verona, Missouri, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 16th day of July 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance