Petitioner Type: Workers
Impact Date: 09/15/2002
Filed Date: 09/25/2003
Most Recent Update: 10/24/2003
Determination Date: 10/24/2003
Expiration Date: 10/24/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,986
ALCOA FUJIKURA LTD.
TELECOMMUNICATIONS DIVISION
DUNCAN, SOUTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 25, 2003 in
response to a petition filed on behalf of workers at Alcoa Fujikura
Ltd., Telecommunications Division, Duncan South Carolina. The
workers at the subject facility produce photonics; they are
separately identifiable by product line from others at the
facility.
Employment at the subject facility has declined as the
department producing photonics is shutting down and production of
photonics is being shifted from the Duncan facility to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with photonics produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Alcoa Fujikura Ltd., Telecommunications
Division, Duncan, South Carolina, engaged in employment
related to the production of photonics, who became totally or
partially separated from employment on or after September 15,
2002 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C., this 24th day of October 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance