DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,627

FLEXTRONICS LOGISTICS
INCLUDING LEASE WORKERS OF
WOOD PERSONNEL
MOUNT JULIET, TENNESSEE

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 August 20, 2003 in
response to a petition filed by a company official on behalf of
workers at Flextronics Logistics, Mt. Juliet, Tennessee. The
workers were engaged in employment related to the production of
cellular telephones.
The investigation revealed that criteria I.C. and II.B. are
not met.
The subject firm did not import products like or directly
competitive with products produced at the Mt. Juliet, Tennessee
facility, nor did they shift production abroad during the
relevant period.
The Department of Labor surveyed the sole customer of the
subject firm regarding its purchases of cellular during 2001,
2002 and January through August 2003 over the corresponding 2002
period. The survey revealed that the customer did not import
products like or directly competitive with those purchased from
the subject firm.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Flextronics Logistics, Mt. Juliet, Tennessee, and leased workers
of Wood Personnel, working at Flextronics Logistics, Mt. Juliet,
Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
not eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 30th day of September 2003.


/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance