Petitioner Type: Workers
Impact Date: 09/08/2004
Filed Date: 09/09/2004
Most Recent Update: 09/29/2004
Determination Date: 09/29/2004
Expiration Date: 09/29/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,576
HAMMER METALS
CONOVER, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 9, 2004, in
response to a petition filed on behalf of workers of Hammer Metals,
Conover, North Carolina. The workers produced chair bases and
controls.
The investigation revealed that the company shifted a
meaningful portion of production of chair bases and controls from
the subject facility to a foreign facility in January through July
2004. Company imports of these products increased in January
through July 2004 compared to the same period in 2003.
Layoffs occurred during the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In addition, In order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Hammer Metals, Conover, North Carolina who
became totally or partially separated from employment on or
after September 8, 2004 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 29th day of September 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance