Petitioner Type: Workers
Impact Date:
Filed Date: 01/23/2003
Most Recent Update: 04/24/2003
Determination Date: 04/24/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,651
VISHAY BLH INCORPORATED
CANTON, MASSACHUSETTS
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 January 23, 2003 in
response to a petition filed on behalf of workers at Vishay BLH
Inc., Vishay Measurements Group, Canton, Massachusetts. The workers
produced process weighing instruments and system components
(transducers and gages). Workers are separately identifiable by
product line.
The investigation revealed that criteria I.C. and II.B. have
not been met.
Production worker employment of transducers and instruments
did not decrease in the relevant period. Layoffs are not scheduled
to occur until late April 2003, more than 40 days from the date of
institution of the petition.
The Department conducted a survey of a major declining
customer of the subject firm regarding purchases of custom
transducers (gages). The survey revealed that the respondent did
not import in the relevant period.
There has not 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. The company plans to begin shift the production of
machining of high volume products, castings, preassembly of all
products, and high volume gages from the subject plant to foreign
countries no earlier than June 2003. These shifts in production are
scheduled to occur more than 40 days from the date of institution
of the petition and outside of the period of investigation. In
addition, layoffs will not occur until late April 2003. The
petitioners are encouraged to file a new petition once shifts in
production have occurred, and layoffs have occurred or are
impending.
Conclusion
After careful review, I determine that all workers of Vishay
BLH Inc., Canton, Massachusetts 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 24th day of April 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance