Petitioner Type: State
Impact Date:
Filed Date: 06/27/2003
Most Recent Update: 08/15/2003
Determination Date: 08/15/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,171
READ-RITE CORPORATION
FREMONT, 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 June 27, 2003, in response
to a petition filed on behalf of workers of Read-Rite Corporation,
Fremont, California. The workers produced wafers for disk drive
heads.
The investigation revealed that criteria I.C and II.B have not
been met.
The company shipped the wafers produced at the subject
fabrication plant to a foreign company facility for production into
magnetic recording head assemblies. The subject plant did not
supply wafers to a company facility whose workers are currently
under certification to apply for adjustment assistance during the
relevant period. Products sold by the company to U.S. customers
were magnetic recording heads (in the form of head gimbal
assemblies and head stack assemblies) and not wafers.
The company did not import wafers for magnetic recording heads
for hard disk drives during the relevant period.
There has not been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or directly
competitive with articles that were produced by subject plant.
Conclusion
After careful review, I determine that all workers of Read-
Rite, Fremont, California are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 15th day of August 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance