Petitioner Type: State
Impact Date:
Filed Date: 07/21/2003
Most Recent Update: 08/22/2003
Determination Date: 08/22/2003
Expiration Date:
Employment and Training Administration
TA-W-52,362
COOKSON ELECTRONICS
ASSEMBLY MATERIAL GROUP
A DIVISION OF FRYS METALS INC. DBA ALPHA METALS
JERSEY CITY, NEW JERSEY
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.
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 by a state agency representative on behalf of
workers producing various electronic parts for cell phones and
computers at Cookson Electronics, Assembly Materials Group, a
division of Frys Metals Inc. dba Alpha Metals, Jersey City, New
Jersey. According to the company official, the workers separated
from employment produce spheres; they are separately identifiable
by product line.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II.B) have not been met.
The investigation revealed a decrease in sales and employment
during the period of January through June of 2003 when compared to
the same period in 2002.
The investigation revealed that worker separations from the
subject firm are not attributable to increases in imports, but
rather are attributable to a shift of sphere production line to
Alpha's facility in Korea, which will handle production for Asian
based customers. As a result of the shift, exports of Cookson
Electronics, Assembly Materials Group, a division of Frys Metals
Inc. dba Alpha Metals, Jersey City, New Jersey decreased
significantly.
Conclusion
After careful review, I determine that all workers of Cookson
Electronics, Assembly Materials Group, a division of Frys Metals
Inc. dba Alpha Metals, Jersey City, New Jersey, engaged in the
production of spheres are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of August, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance