Petitioner Type: Workers
Impact Date:
Filed Date: 05/22/2003
Most Recent Update: 07/11/2003
Determination Date: 07/11/2003
Expiration Date:
Employment and Training Administration
TA-W-51,859
MEMSCAP, INC.
FORMERLY JDS UNIPHASE'S
CHRONOS MEMS BUSINESS UNIT
RESEARCH TRIANGLE PARK, NORTH CAROLINA
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 22, 2003 in response
to a petition filed on behalf of workers at MEMSCAP, Inc.,
formerly JDS Uniphase's Cronos MEMS Business Unit, Research
Triangle Park, North Carolina is the subject of this
investigation. The workers at the subject facility produce
micro electro-mechanical systems.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject facility did
not import micro electro-mechanical systems or shift the
production of micro electro-mechanical systems to any foreign
country.
Rather, the investigation revealed that worker separations
resulted from the sale of the Cronos MEMS Business Unit by JDS
Uniphase to MEMSCAP SA.
Conclusion
After careful review, I determine that workers producing
micro electro-mechanical systems at MEMSCAP, Inc., formerly JDS
Uniphase, Cronos MEMS Business Unit, Research Triangle Park,
North Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 11th day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance