DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-51,230

VANGUARD EMS, INC.
A/K/A VIASYSTEMS PORTLAND, INC.
BEAVERTON, OREGON

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;





(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on March 19, 2003, in response
to a petition filed by on behalf of workers of Vanguard EMS, Inc.,
Beaverton, Oregon a/k/a Viasystems Portland, Inc. The workers
place components on boards for customers who manufacture circuit
boards.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a downstream producer for firm that has
increased imports from Canada or Mexico or shifted production to
Canada or Mexico. The investigation revealed, however, that was
not the case.
The firm that the subject firm lost business to had no
imports from Mexico or Canada, nor did it transfer production to
Mexico or Canada.


Conclusion
After careful review, I determine that all workers covered
by this petition of Vanguard EMS, Inc., Beaverton, Oregon a/k/a
Viasystems Portland, Inc. do not qualify as adversely affected
secondary workers and are denied eligibility to apply for
adjustment assistance under section 223(b) of the Trade Act of
1974.
Signed at Washington, D.C., this 16th day of April 2003

/s/ Richard Church

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RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance