Certified
« back to search results

TAW-51405  /  Itronix Corp (Spokane, WA)

Petitioner Type: Company
Impact Date: 04/03/2002
Filed Date: 04/04/2003
Most Recent Update: 06/09/2003
Determination Date: 06/09/2003
Expiration Date: 08/22/2005

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,405

ITRONIX CORPORATION
SPOKANE, WASHINGTON

Notice of Revised Determination
on Reconsideration

By application of July 11, 2003, a company official
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on June 9, 2003, based on the finding that
the petitioning workers of this firm do not produce an article
within the meaning of Section 222 of the Trade Act of 1974. The
denial notice was published in the Federal Register on June 19,
2003 (68 FR 36846).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, it was revealed that the company
filed the original petition on behalf of the entire facility, and
not only the product development group that was investigated
initially for TAA eligibility.
As a result of this clarification, it was established that
the petitioning worker group was engaged in activities related to
the production of rugged laptops and handheld devices.
Consequently, information obtained in the initial investigation
indicating employment, sales and production declines in the
relevant period could be used to verify TAA eligibility criteria.
Finally, it was established that these declines could be
attributed to a shift in production of initial assembly of rugged
laptops and handheld devices to a foreign facility, and that this
production was imported back to the subject facility for further
processing.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Itronix
Corporation, Spokane, Washington, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:



"All workers of Itronix Corporation, Spokane, Washington,
who became totally or partially separated from employment on
or after April 3, 2002 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 in Washington, D.C. this 22nd day of August 2003.

/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,405

ITRONIX CORPORATION
SPOKANE, WASHINGTON

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 April 4, 2003, in response
to a petition filed by a company official on behalf of workers of
Itronix Corporation, Spokane, Washington. The workers performed
product design and development, repair, customer product
configuration, and client assistance services in connection with
the sale and distribution of laptop computers and other handheld
devices produced abroad.
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.
Conclusion
After careful review, I determine that all workers of Itronix
Corporation, Spokane, Washington are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C., this 9th day of June 2003.



/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance