Petitioner Type: Workers
Impact Date:
Filed Date: 02/28/2003
Most Recent Update: 05/29/2003
Determination Date: 05/29/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,021
ADVANCED MATERIALS TECHNOLOGY, INCORPORATED
TEMPE, ARIZONA
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 investigation was initiated on February 28, 2003 in response to
a petition filed on behalf of workers of Advanced Materials
Technologies, Inc., Tempe, Arizona. The workers performed primarily
aftermarket overhaul and repair of aircraft components for original
equipment manufacturers.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 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.
Workers at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Any manufacturing operations were relatively minor and done in
conjunction with the repair work.
Petitioners have alleged that job losses were due to their
firm losing business as a supplier of component parts to a firm
that shifted production abroad or was affected by increased
imports. The investigation revealed, however, that the subject
firm did not supply components to a primary firm whose workers have
been certified as trade impacted.
Conclusion
After careful review, I determine that all workers of Advanced
Materials Technologies, Inc., Tempe, Arizona are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 29th day of May 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance