Petitioner Type: Workers
Impact Date:
Filed Date: 05/21/2001
Most Recent Update: 11/29/2001
Determination Date: 11/29/2001
Expiration Date:
Employment and Training Administration
TA-W-39,312
FORMTECH ENTERPRISES
ORWIGSBURG, 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 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 21, 2001 in response to a petition filed on behalf of workers at Formtech Enterprises, Orwigsburg, Pennsylvania. The workers were engaged in the manufacture of custom-made fabricated and extruded plastic parts. The investigation revealed that criterion (3) has not been met.
The investigation revealed that there were no company im-ports of articles like or directly competitive with the plastic parts produced by Formtech Enterprises, Orwigsburg, Pennsylvania.
The U.S. Department of Labor conducted a survey of the major customer of Formtech Enterprises, Orwigsburg, Pennsylvania, re-garding its purchases of custom-made fabricated and extruded plastic parts in 1999, 2000, and the first-quarter of 2001. The survey revealed that the respondent reported no imports of fabricated plastic parts while decreasing purchases from the subject firm during the relevant time period.
Conclusion
After careful review, I determine that all workers of Form-tech Enterprises, Orwigsburg, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 29th day of November, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance