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TAW-50225  /  Unitek Electronics, Inc. (Portland, OR)

Petitioner Type: Company
Impact Date: 11/29/2001
Filed Date: 12/02/2002
Most Recent Update: 01/29/2003
Determination Date: 01/29/2003
Expiration Date: 03/27/2005

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,225

UNITEK ELECTRONICS, INC.
PORTLAND, OREGON

Notice of Revised Determination
on Reopening

On March 24, 2003, the Department on its own motion
reviewed the initial determination for workers and former
workers of the subject firm engaged in the production of
solid-state motor speed controls.
The initial investigation resulted in a negative
determination issued on January 29, 2003 because imports
did not contribute importantly to the worker separations.
The notice was published in the Federal Register on
February 24, 2003 (68 FR 8619).
New information submitted to the Department by the
company and additional information supplied by a primary
customer of the subject firm revealed that the customer has
increased purchases of imported solid-state motor speed
controls while reducing purchases from the subject firm.
Conclusion
After careful consideration of the new facts obtained
on reopening, it is concluded that increased imports of
articles like or directly competitive with solid-state
motor speed controls produced by the subject firm
contributed importantly to the decline in sales and to the
total or partial separation of workers of the subject
firm. In accordance with the provisions of the Trade Act
of 1974, I make the following revised determination:
"All workers of Unitek Electronics, Inc., Portland,
Oregon, who became totally or partially separated from
employment on or after November 29, 2001 through two
years from the date of this certification are eligible
to apply for adjustment assistance under Section 223 of
the Trade Act of 1974."
Signed at Washington, D.C. this 27th day of March, 2003

/s/ Edward A. Tomchick


EDWARD A TOMCHICK
Director, Division of Trade
Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,225

UNITEK ELECTRONICS, INC.
PORTLAND, OREGON

Negative Determination Regarding Eligibility
To Apply for Worker 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 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 December 2, 2002,
in response to a petition filed by a company official on
behalf of workers of Unitek Electronics, Inc., Portland,
Oregon. The workers produced solid-state motor speed
controls.
The investigation revealed that criteria I.C and II.B
are not met.
The subject firm does not import solid-state motor
speed controls.
The subject firm has not shifted abroad its production
of solid-state motor speed controls.

The United States Department of Labor conducted a
survey of the major customer of the subject firm regarding
its purchases of solid-state motor speed controls. The
survey revealed that the customer did not directly or
indirectly import the product in question in 2001 or 2002.
Conclusion
After careful review, I determine that all workers of
Unitek Electronics, Inc., Portland, Oregon, are denied
eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 29th day of January 2003

/s/ Richard Church

_____________________________
_
RICHARD CHURCH
Certifying Officer, Division
of
Trade Adjustment Assistance