Petitioner Type: Unknown
Impact Date:
Filed Date: 05/07/2001
Most Recent Update: 09/17/2001
Determination Date: 09/17/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,185
CEMEX KOSMOS CEMENT COMPANY
PITTSBURGH PLANT
PITTSBURGH, 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 eligibility 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 May 7, 2001 in response to a petition filed by the International Brotherhood of Boilmakers, Local Lodge D-592, on behalf of workers at CEMEX Kosmos Cement Company, Pittsburgh Plant, Pittsburgh, Pennsylvania. The workers are engaged in activity related to the production of grey portland cement, masonry cement, and clinker cement. The workers are separately identifiable by product line.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that the subject company did not have import purchases of grey portland cement, masonry cement, or clinker cement during the relevant time period.
The Department of Labor conducted a survey of the subject company=s major customers regarding their purchases of grey portland cement, masonry cement, and clinker cement.
The survey revealed no increased customer import purchases of cement during the period of sales or production and employment declines at the subject company.
Aggregate industry data of cement reveals a decline in imports of cement in the United States in the first quarter of 2001 compared to the first quarter of 2000.
A NAFTA-TAA petition filed on behalf of the workers at the subject company, NAFTA-4812, was denied on June 26, 2001.
Conclusion
After careful review, I determine that all workers of
CEMEX Kosmos Cement Company, Pittsburgh Plant, Pittsburgh, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of September 2001.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,185
CEMEX KOSMOS CEMENT COMPANY
PITTSBURGH PLANT
PITTSBURGH, 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 eligibility 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 May 7, 2001 in response to a petition filed by the International Brotherhood of Boilmakers, Local Lodge D-592, on behalf of workers at CEMEX Kosmos Cement Company, Pittsburgh Plant, Pittsburgh, Pennsylvania. The workers are engaged in activity related to the production of grey portland cement, masonry cement, and clinker cement. The workers are separately identifiable by product line.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that the subject company did not have import purchases of grey portland cement, masonry cement, or clinker cement during the relevant time period.
The Department of Labor conducted a survey of the subject company=s major customers regarding their purchases of grey portland cement, masonry cement, and clinker cement.
The survey revealed no increased customer import purchases of cement during the period of sales or production and employment declines at the subject company.
Aggregate industry data of cement reveals a decline in imports of cement in the United States in the first quarter of 2001 compared to the first quarter of 2000.
A NAFTA-TAA petition filed on behalf of the workers at the subject company, NAFTA-4812, was denied on June 26, 2001.
Conclusion
After careful review, I determine that all workers of
CEMEX Kosmos Cement Company, Pittsburgh Plant, Pittsburgh, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of September 2001.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance