Denied
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TAW-64172  /  Zippo Manufacturing Company (Bradford, PA)

Petitioner Type: Company
Impact Date:
Filed Date: 10/06/2008
Most Recent Update: 11/20/2008
Determination Date: 11/20/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,172

ZIPPO MANUFACTURING COMPANY
BRADFORD, PENNSYLVANIA

Negative Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and

C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;

B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;

2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or

3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on October 6, 2008 in response
to a petition filed by a company official on behalf of workers of
Zippo Manufacturing Company, Bradford, Pennsylvania. Workers at
the subject firm produce lighters (Zippo BLU(tm) Lighter and Pocket
Lighter).
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the firm did not import
lighters in 2006, 2007, or during the period of January through
September 2008 that were like or directly competitive to lighters
produced at subject firm. Furthermore, shifts in production abroad
did not occur.
The Department of Labor surveyed the subject firm's major
declining customers regarding purchases of lighters and like or
directly competitive articles in 2006, 2007, and during the period
of January through September 2008. The survey revealed a decline,
absolute and relative, in imports of lighters.
Furthermore, aggregate United States imports for consumption
of lighters, like or directly competitive to the lighters produced
at the subject firm, revealed decreases in imports for the period
of January through September 2008 compared to the same period in
2007.
In addition, 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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.








Conclusion
After careful review of the facts obtained during this
investigation, I determine that workers of Zippo Manufacturing
Company, Bradford, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 20th day of November 2008


/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance