Petitioner Type: Workers
Impact Date:
Filed Date: 09/17/2001
Most Recent Update: 11/19/2001
Determination Date: 11/19/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,055
GFC FABRICATING, LLC
BERWICK, 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 September 17, 2001 in response to a petition filed on behalf of workers of GFC Fabricating LLC, Berwick, Pennsylvania. The workers produce polyurethane foam (used in disposable diapers).
The investigation revealed that criterion (3) has not been met.
The investigation findings show that sales and production of polyurethane foam at GFC Fabricating, LLC, in Berwick, Pennsylvania, declined from 1999 to 2000 but increased in January through September 2001 compared to the same time period of the previous year. Employment declined in January through September 2001.
The investigation revealed that GFC Fabricating, LLC, has been sold to a former customer of the subject firm. The customer does not import articles like or directly competitive with the polyurethane foam produced at the Berwick plant.
A petition for eligibility for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA - 5316).
Conclusion
After careful review, I determine that all workers of GFC Fabricating LLC, Berwick, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of November, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,055
GFC FABRICATING, LLC
BERWICK, 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 September 17, 2001 in response to a petition filed on behalf of workers of GFC Fabricating LLC, Berwick, Pennsylvania. The workers produce polyurethane foam (used in disposable diapers).
The investigation revealed that criterion (3) has not been met.
The investigation findings show that sales and production of polyurethane foam at GFC Fabricating, LLC, in Berwick, Pennsylvania, declined from 1999 to 2000 but increased in January through September 2001 compared to the same time period of the previous year. Employment declined in January through September 2001.
The investigation revealed that GFC Fabricating, LLC, has been sold to a former customer of the subject firm. The customer does not import articles like or directly competitive with the polyurethane foam produced at the Berwick plant.
A petition for eligibility for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA - 5316).
Conclusion
After careful review, I determine that all workers of GFC Fabricating LLC, Berwick, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of November, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance