Petitioner Type: Workers
Impact Date:
Filed Date: 09/10/2001
Most Recent Update: 12/07/2001
Determination Date: 12/07/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,988
STEPHENS PIPE & STEEL
RUSSELL SPRINGS, KENTUCKY
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 September 10, 2001 in response to a petition filed by workers at Stephens Pipe & Steel, Russell Springs, Kentucky. The workers produced mechanical square tubing used in the manufacturing of agricultural equipment such as fences, gates, feeding systems and accessories.
The investigation revealed that criterion (3) has not been met.
Stephens Pipe & Steel, Russell Springs, Kentucky has not had a significant number or portion of workers separated.
Stephens Pipe & Steel, Russell Springs, Kentucky decided to end production of a small product line, which accounted for an insignificant portion of sales during the relevant period. The subject firm does not import like or directly competitive articles to those produced at the Russell Springs plant.
A petition for NAFTA-Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA-5389).
Conclusion
After careful review, I determine that all workers of Stephens Pipe & Steel, Russell Springs, Kentucky, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of December 2001
/s/ Edward A. Tomchick
____________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,988
STEPHENS PIPE & STEEL
RUSSELL SPRINGS, KENTUCKY
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 September 10, 2001 in response to a petition filed by workers at Stephens Pipe & Steel, Russell Springs, Kentucky. The workers produced mechanical square tubing used in the manufacturing of agricultural equipment such as fences, gates, feeding systems and accessories.
The investigation revealed that criterion (3) has not been met.
Stephens Pipe & Steel, Russell Springs, Kentucky has not had a significant number or portion of workers separated.
Stephens Pipe & Steel, Russell Springs, Kentucky decided to end production of a small product line, which accounted for an insignificant portion of sales during the relevant period. The subject firm does not import like or directly competitive articles to those produced at the Russell Springs plant.
A petition for NAFTA-Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA-5389).
Conclusion
After careful review, I determine that all workers of Stephens Pipe & Steel, Russell Springs, Kentucky, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of December 2001
/s/ Edward A. Tomchick
____________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance