Petitioner Type: Workers
Impact Date:
Filed Date: 05/14/2003
Most Recent Update: 06/23/2003
Determination Date: 06/23/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,760
SATELITE TECHNOLOGY MANAGEMENT
a/k/a STM WIRELESS, INC.
IRVINE, CALIFORNIA
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, 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 May 14, 2002, in response
to a petition filed on behalf of workers of Satelite Technology
Management, a\k\a STM Wireless, Inc., Irvine, California. The
workers produce satelite communication systems.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The investigation revealed that nearly all of the subject
firm's production was for the export market. Worker separations
at the facility are primarily attributed to a loss of company
export sales. Exports of communications systems produced by the
subject facility cannot be used as the basis for certification.
The investigation further revealed that that the company did
not increase their imports of communication systems, nor have
they shifted production to foreign sources during the relevant
period.
Conclusion
After careful review, I determine that all workers of
Satelite Technology Management, a\k\a STM Wireless, Inc., Irvine,
California 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 23rd day of June 2003.
/s/ Elliott S. Kushner
________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance