Petitioner Type: State
Impact Date:
Filed Date: 05/28/2003
Most Recent Update: 07/02/2003
Determination Date: 07/02/2003
Expiration Date:
Employment and Training Administration
TA-W-51,875
SONY DISC MANUFACTURING
DIVISION OF SONY MUSIC ENTERTAINMENT, INC.
SPRINGFIELD, OREGON
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 28, 2003, in
response to a petition filed by the State of Oregon on behalf of
workers of Sony Disc Manufacturing, Division of Sony Music
Entertainment, Inc., Springfield, Oregon. The workers produce
compact discs, a large part of which are sold within Sony Music
Entertainment, Inc.
The investigation revealed that criteria I.C and II.C are
not met.
The subject firm did not import compact discs, nor did it
shift production of compact discs to an offshore location.
Sony Music Entertainment, Inc., which was responsible for a
major portion of the decline in sales of compact discs of the
subject plant, was surveyed regarding its purchases. It
reported no imports of compact discs during the relevant time
period.
The predominant cause of the layoffs at the subject
facility is related to a domestic shift of production by the
subject firm.
Conclusion
After careful review, I determine that all workers of Sony
Disc Manufacturing, Division of Sony Music Entertainment, Inc.,
Springfield, Oregon, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of July 2003
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance