Petitioner Type: Workers
Impact Date: 02/18/2001
Filed Date: 03/11/2002
Most Recent Update: 05/31/2002
Determination Date: 05/31/2002
Expiration Date: 07/29/2004
Employment and Training Administration
TA-W-41,022
DT MAGNETICS INTERNATIONAL, INC.
KNIGHTDALE, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated June 15, 2002, a petitioner 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 May 31, 2002, based on the finding that
imports did not contribute importantly to the layoffs at the
subject plant. The denial notice was published in the Federal
Register on June 21, 2002 (67 FR 42285).
The request for reconsideration is based on the allegation
that all production at the subject plant was shifted to the
Dominican Republic and China. The petitioner further attached a
"Certification Regarding Eligibility to Apply for Worker
Adjustment Assistance" for a sister plant (TA-W-40,468, DT
Magnetics International, Inc., Dover, New Hampshire) producing
the same products as the subject plant. That certification was
based on the subject firm increasing imports of inductors and
transformers.
The Department on further review of the initial
investigation and data supplied in the TAA certified DT Magnetics
International, Inc., Dover, New Hampshire plant, shows both
locations produced inductors and transformers. The subject plant
workers were not separately identifiable. The review also
showed that subject plant production was shifted to the Dominican
Republic and the company increased their reliance on imported
inductors and transformers 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 DT Magnetics,
Inc., Knightdale, North Carolina 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 DT Magnetics, Inc., Knightdale, North
Carolina who became totally or partially separated from
employment on or after February 18, 2001 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 29th day of July 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,022
DT MAGNETCS, INC.
KNIGHTDALE, NORTH CAROLINA
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 separat-
ed;
(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 March 11, 2002, in
response to a petition filed on behalf of all workers at DT
Magnetics, Knightdale, North Carolina. The workers were engaged
in the production of transformers, inductors and coil assemblies
primarily used by the telecommunications industry.
The investigation revealed that criterion (3) has not been
met.
The subject firm imports of transformers, inductors and coil
assemblies decreased in 2001 as compared with 2000 and in the
period of January-March 2002 as compared with the same period of
2001.
The investigation further revealed that the subject firm's
major customers decreased their purchases of transformers,
inductors and coil assemblies from the subject firm during due to
overstocking of inventory in 2000 and also the decrease in demand
for telecommunications products.
Currently, there is not a NAFTA petition in progress for the
workers.
Conclusion
After careful review, I determine that all workers of DT
Magnetics, Knightdale, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 31st day of May, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance