Denied
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TAW-64703  /  5R Processors, Ltd (Ladysmith, WI)

Petitioner Type: Workers
Impact Date:
Filed Date: 12/17/2008
Most Recent Update: 02/06/2009
Determination Date: 02/06/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,703

5R PROCESSORS, LTD
LADYSMITH, WISCONSIN

Negative Determination 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 investigation was initiated on December 17, 2008 in
response to a petition filed on behalf of workers of 5R Processors,
LTD, Ladysmith, Wisconsin. Workers at the subject firm recycle
electronics and computers, and extract their respective base
commodities such as steel, aluminum, copper, and plastic. The
investigation also revealed that the subject firm is involved in
the limited reselling of repaired electronics such as printers and
computer systems.
The investigation revealed that the 5R Processors, LTD,
Ladysmith, Wisconsin, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification (or
on whose behalf certification is being sought) must work for a
"firm" or appropriate subdivision that produces an article
domestically and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The workers described above do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
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 in the
investigation, I determine that all workers of 5R Processors, LTD,
Ladysmith, Wisconsin 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 6th day of February 2009


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