Petitioner Type: Workers
Impact Date:
Filed Date: 11/01/2002
Most Recent Update: 11/18/2002
Determination Date: 11/18/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,327
ASPEN INTERNATIONAL CABLE CORPORATION
SALEM, OREGON
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
The investigation was initiated in response to a petition
received on November 1, 2002 and filed on behalf of workers at
Aspen International Cable Corporation, Salem, Oregon. The workers
provided engineering services to the telecommunications industry.
The investigation revealed that the workers of Aspen
International Cable Corporation, Salem, Oregon do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U. S. Court of Appeals.
Therefore, workers of Aspen International Cable Corporation, Salem,
Oregon 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. In any case, 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 at Aspen
International Cable Corporation, Salem, Oregon.
Conclusion
After careful review, I determine that all workers of Aspen
International Cable Corporation, Salem, Oregon are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 18th day of November 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,327
ASPEN INTERNATIONAL CABLE CORPORATION
SALEM, OREGON
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
The investigation was initiated in response to a petition
received on November 1, 2002 and filed on behalf of workers at
Aspen International Cable Corporation, Salem, Oregon. The workers
provided engineering services to the telecommunications industry.
The investigation revealed that the workers of Aspen
International Cable Corporation, Salem, Oregon do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U. S. Court of Appeals.
Therefore, workers of Aspen International Cable Corporation, Salem,
Oregon 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. In any case, 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 at Aspen
International Cable Corporation, Salem, Oregon.
Conclusion
After careful review, I determine that all workers of Aspen
International Cable Corporation, Salem, Oregon are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 18th day of November 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance