DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,087

ADVANTEK INC.
MINNETONKA, 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
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 19, 2003, in response
to a petition filed by on behalf of workers at Advantek Inc.,
Minnetonka, Minnesota. The workers produce embossed carrier tape
packaging material.
The investigation revealed that criteria (I.C) and (II.C) have
not been met.
The subject firm does not import articles like or directly
competitive with the packaging materials produced at Minnetonka,
Minnesota.
The subject firm produces packaging material primarily for the
export market. Any loss of sales to foreign markets cannot be used
as the basis for certification under the Trade Act.
Although the subject firm has transferred some production
abroad, the transfer was not to a country which is a party to a
free trade agreement with the United States, nor to a country
covered under the Andean Trade Preference Act, the African Growth
and Opportunity Act, or the Caribbean Basin Economic Recovery Act.


Conclusion
After careful review, I determine that all workers of Advantek
Inc., Minnetonka, Minnesota are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 3rd day of July 2003


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance