Petitioner Type: Company
Impact Date: 12/06/2000
Filed Date: 12/17/2001
Most Recent Update: 03/01/2002
Determination Date: 03/01/2002
Expiration Date: 05/09/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,453
PENLEY CORPORATION
WEST PARIS, MAINE
Notice of Revised Determination
on Reconsideration
By letter of March 24, 2002, the company 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 March 1, 2002, based on the finding that
imports of wooden spring clothespins did not contribute
importantly to worker separations at the subject plant. The
denial notice was published in the Federal Register on March 20,
2002 (67 FR 13012).
To support the request for reconsideration, the company in
their request for reconsideration indicated that they were
importing clothespins.
A review of the allegation and information provided by the
company shows that the company began importing clothespins during
the relevant period. The company further indicated that all
production at the subject firm is being replaced by imported
clothespins, thus impacting the workers at the subject plant.
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 Penley
Corporation, West Paris, Maine 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 Penley Corporation, West Paris, Maine, who
became totally or partially separated from employment on or
after December 6, 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 9th day of May 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,453
PENLEY CORPORATION
WEST PARIS, MAINE
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 December 17, 2001 in
response to a petition filed by a company official on behalf of
workers at Penley Corporation, West Paris, Maine. The workers
are engaged in employment related to the production of wooden
spring clothespins.
The investigation revealed that criterion (3) has not been
met.
Spring clothespins are not being imported by the subject
firm. The Department conducted a survey of the subject firms'
major customers regarding their purchases of wooden spring
clothespins during the relevant period. The survey revealed that
there were no foreign purchases of wooden spring clothespins
during the relevant period.
Conclusion
After careful review, I determine that all workers of Penley
Corporation, West Paris, Maine, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 1st day of March, 2002
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,453
PENLEY CORPORATION
WEST PARIS, MAINE
Notice of Revised Determination
on Reconsideration
By letter of March 24, 2002, the company 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 March 1, 2002, based on the finding that
imports of wooden spring clothespins did not contribute
importantly to worker separations at the subject plant. The
denial notice was published in the Federal Register on March 20,
2002 (67 FR 13012).
To support the request for reconsideration, the company in
their request for reconsideration indicated that they were
importing clothespins.
A review of the allegation and information provided by the
company shows that the company began importing clothespins during
the relevant period. The company further indicated that all
production at the subject firm is being replaced by imported
clothespins, thus impacting the workers at the subject plant.
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 Penley
Corporation, West Paris, Maine 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 Penley Corporation, West Paris, Maine, who
became totally or partially separated from employment on or
after December 6, 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 9th day of May 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,453
PENLEY CORPORATION
WEST PARIS, MAINE
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 December 17, 2001 in
response to a petition filed by a company official on behalf of
workers at Penley Corporation, West Paris, Maine. The workers
are engaged in employment related to the production of wooden
spring clothespins.
The investigation revealed that criterion (3) has not been
met.
Spring clothespins are not being imported by the subject
firm. The Department conducted a survey of the subject firms'
major customers regarding their purchases of wooden spring
clothespins during the relevant period. The survey revealed that
there were no foreign purchases of wooden spring clothespins
during the relevant period.
Conclusion
After careful review, I determine that all workers of Penley
Corporation, West Paris, Maine, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 1st day of March, 2002
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance