Petitioner Type: Company
Impact Date:
Filed Date: 04/30/2001
Most Recent Update: 11/13/2001
Determination Date: 11/13/2001
Expiration Date:
Employment and Training Administration
TA-W-39,144
J.B.F. INDUSTRIES, INC.
GLOVERSVILLE, NEW YORK
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 30, 2001 in re-sponse to a petition filed by a company official on behalf of workers at J.B.F. Industries, Inc., Gloversville, New York. Workers were engaged in employment related to the production of tanned leather.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that sales, production and em- ployment at the subject firm all declined to zero on March 31, 2001 when the Gloversville plant/tannery was permanently shut down. The subject firm did not import articles like or directly competitive with the tanned leather produced at J.B.F. Indust-ries, Inc., Gloversville, New York during the relevant period.
The investigation also revealed that aggregate U.S. imports of tanned leather declined in the same relevant period.
Investigative findings show that former customers of the subject firm are no longer in business. One such customer, whose workers were certified eligible to apply for TAA, ceased production of gloves and began relying on import purchases of gloves. The increased importation of the finished product (gloves) is not a basis under the provisions of the Trade Act of 1974 to certify the workers of J.B.F. Industries producing tanned leather.
Conclusion
After careful review, I determine that all workers of J.B.F. Industries, Inc., Gloversville, New York are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 13th day of November, 2001.
/s/ Linda G. Poole
_________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance