Petitioner Type: Workers
Impact Date:
Filed Date: 07/21/2003
Most Recent Update: 09/09/2003
Determination Date: 09/09/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,355
HONEYWELL INTERNATIONAL, INC.
INDUSTRY SOLUTIONS
CUPERTINO, 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 July 21, 2003 in response
to a petition filed on behalf of workers of Honeywell
International, Inc., Industry Solutions, Cupertino, California.
The workers produce quality control systems for Honeywell units in
the Americas and Asia.
The investigation revealed that criteria (I.B), (I.C), and
(II.B.) have not been not met.
The subject firm has not transferred production abroad nor has
it increased imports of the products it manufactures.
Sale and production at the subject firm did not decline in
the January to July, 2003 period compared with the same period of
the previous year. Separations at the Cupertino facility in 2003
were predominantly caused by a transfer of production to another
domestic facility.
Conclusion
After careful review, I determine that all workers of
Honeywell International, Inc., Industry Solutions, Cupertino,
California are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of September 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance