Petitioner Type: Company
Impact Date:
Filed Date: 06/02/2003
Most Recent Update: 06/27/2003
Determination Date: 06/27/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,916
TWIN CITY E.D.M., INC.
FRIDLEY, MINNESOTA
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 June 6, 2003 in response to
a petition filed by a company official on behalf of workers at Twin
City E.D.M., Inc., Fridley, Minnesota. The workers are engaged in
various custom machining operations with application to
unaffiliated computer manufacturers.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject firm did not shift
its production of computer products to a foreign country, nor did
it import computer products from any foreign country in the
relevant time period.
The United States Department of Labor conducted a survey of a
major customer of the subject firm regarding its purchases of
customized computer products in 2001, 2002, and the first-quarter
of 2003. The survey revealed that the respondent had no imports
during the relevant period.
Petitioners additionally allege that job losses were due to
their firm losing business as a secondary supplier to a firm that
shifted production abroad or was affected by increased imports.
The investigation revealed, however, that the primary firm was not
under a TAA certification in the relevant period.
Conclusion
After careful review, I determine that all workers of Twin
City E.D.M., Inc., Fridley, Minnesota are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed at Washington, D.C., this 27th day of June 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance