Petitioner Type: Workers
Impact Date:
Filed Date: 09/30/2002
Most Recent Update: 11/12/2002
Determination Date: 11/12/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W- 42,183
IKA LOGISTICS, INC.
PACKAGING DIVISION
A SUBSIDIARY OF INABATA AMERICA CORPORATION
EL PASO, TEXAS
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.
The investigation was initiated on September 30, 2002, in
response to a petition filed on behalf of workers at IKA Logistics,
Inc., Packaging Division, a subsidiary of Inabata Corporation, El
Paso, Texas. Employees at the subject firm packaged computer ink
cartridges.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers performing packaging
services at the subject facility.
Conclusion
After careful review, I determine that all workers at IKA
Logistics, Inc., Packaging Division, a subsidiary of Inabata
Corporation, El Paso, Texas, working in a packaging service
capacity, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of November, 2002.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W- 42,183
IKA LOGISTICS, INC.
PACKAGING DIVISION
A SUBSIDIARY OF INABATA AMERICA CORPORATION
EL PASO, TEXAS
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.
The investigation was initiated on September 30, 2002, in
response to a petition filed on behalf of workers at IKA Logistics,
Inc., Packaging Division, a subsidiary of Inabata Corporation, El
Paso, Texas. Employees at the subject firm packaged computer ink
cartridges.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers performing packaging
services at the subject facility.
Conclusion
After careful review, I determine that all workers at IKA
Logistics, Inc., Packaging Division, a subsidiary of Inabata
Corporation, El Paso, Texas, working in a packaging service
capacity, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of November, 2002.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance