Petitioner Type: Workers
Impact Date: 09/17/2000
Filed Date: 09/28/2001
Most Recent Update: 12/17/2001
Determination Date: 12/17/2001
Expiration Date: 04/10/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,124
KRONES, INC.
FRANKLIN, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter of February 1, 2002, the petitioners, requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on December 17, 2001, based on the finding
that imports of labeling machines did not contribute importantly
to worker separations at the subject plant. Company imports of
labeling equipment were negligible. The Department conducted a
survey of the subject firm's customers. The survey revealed that
none of the respondents imported products like or directly
competitive with what the subject plant produced. The denial
notice was published in the Federal Register on January 11, 2002
(67 FR 1509).
The petitioners allege that the company lost orders to an
affiliated company that imported labeling machines and that this
was not evident during the investigation due to the long lead-
time required to fill the orders.
New information provided by the company bear out the fact
that the company increased their reliance on imported labeling
machines from an affiliated foreign facility, thus contributing
to the layoffs at the subject plant during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Krones, Inc.,
Franklin, Wisconsin, contributed importantly to the declines in
sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Krones, Inc., Franklin, Wisconsin, who
became totally or partially separated from employment on or
after September 17, 2000 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 10th day of April 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,124
KRONES, INC.
FRANKLIN, WISCONSIN
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 subdi-
vision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate 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 28, 2001 in
response to a petition filed on behalf of workers at KRONES, Inc.,
Franklin, Wisconsin. The workers produce labeling machines.
The investigation revealed that criterion (3) has not been
met.
The subject firm imported a negligible amount of labeling
equipment. The United States Department of Labor conducted a
survey of the subject firm=s customers and it was revealed that they
did not import articles like or directly competitive with articles
produced by subject firm.
Conclusion
After careful review, I determine that all workers at Krones,
Inc., Franklin, Wisconsin 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 December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,124
KRONES, INC.
FRANKLIN, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter of February 1, 2002, the petitioners, requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on December 17, 2001, based on the finding
that imports of labeling machines did not contribute importantly
to worker separations at the subject plant. Company imports of
labeling equipment were negligible. The Department conducted a
survey of the subject firm's customers. The survey revealed that
none of the respondents imported products like or directly
competitive with what the subject plant produced. The denial
notice was published in the Federal Register on January 11, 2002
(67 FR 1509).
The petitioners allege that the company lost orders to an
affiliated company that imported labeling machines and that this
was not evident during the investigation due to the long lead-
time required to fill the orders.
New information provided by the company bear out the fact
that the company increased their reliance on imported labeling
machines from an affiliated foreign facility, thus contributing
to the layoffs at the subject plant during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Krones, Inc.,
Franklin, Wisconsin, contributed importantly to the declines in
sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Krones, Inc., Franklin, Wisconsin, who
became totally or partially separated from employment on or
after September 17, 2000 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 10th day of April 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,124
KRONES, INC.
FRANKLIN, WISCONSIN
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 subdi-
vision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate 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 28, 2001 in
response to a petition filed on behalf of workers at KRONES, Inc.,
Franklin, Wisconsin. The workers produce labeling machines.
The investigation revealed that criterion (3) has not been
met.
The subject firm imported a negligible amount of labeling
equipment. The United States Department of Labor conducted a
survey of the subject firm=s customers and it was revealed that they
did not import articles like or directly competitive with articles
produced by subject firm.
Conclusion
After careful review, I determine that all workers at Krones,
Inc., Franklin, Wisconsin 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 December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance