Petitioner Type: Company
Impact Date: 10/06/2002
Filed Date: 10/09/2003
Most Recent Update: 11/10/2003
Determination Date: 11/10/2003
Expiration Date: 11/10/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,196
TEXAS INSTRUMENTS, INC.
SENSORS AND CONTROLS DIVISION
ATTLEBORO, MASSACHUSETTS
TA-W-53,196A
TEXAS INSTRUMENTS, INC.
MAKE-LEADFRAME DIVISION
ATTLEBORO, MASSACHUSETTS
Notice of Determinations 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. 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 October 9, 2003 in response
to a petition filed by a company official on behalf of workers of
Texas Instruments, Inc., Sensors and Controls Division, Attleboro,
Massachusetts (TA-W-53,196) and Texas Instruments, Inc., Make-
Leadframe Division Attleboro, Massachusetts (TA-W-53,196A).
Workers at the Sensors and Controls Division (TA-W-53,196) produce
sensors and controls; they are not separately identifiable by
product line. Workers at the Make-Leadframe Division (TA-W-
53,196A) produce leadframes; they are separately identifiable by
product line.
It is determined with respect to workers of Texas Instruments,
Inc., Sensors and Controls Division, Attleboro, Massachusetts
(TA-W-53,196), that the requirements of (a)(2)(B) of Section 222
have been met.
The investigation revealed that employment at the Sensors and
Controls Division (TA-W-53,196) declined from 2001 to 2002 and
during the period of January through September 2003 when compared
to the same period in 2002.
Furthermore, the Sensors and Controls Division (TA-W-53,196)
shifted production to a country (Mexico) that is a party to a free
trade agreement with the United States during the relevant period.
In addition, 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 the case of the Sensors and Controls Division
(TA-W-53,196) that the requirements of Section 246 have been met.
A significant number of workers at the Sensors and Controls
Division are age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Furthermore, it is determined with respect to workers of Texas
Instruments, Inc., Make-Leadframe Division, Attleboro,
Massachusetts (TA-W-53,196A), criteria (a)(2)(A)(I.B.) and
(a)(2)(B)(II.C.) of Section 222 are not met.
The investigation revealed that production and sales at the
Make-Leadframe Division (TA-W-53,196A) increased from 2001 to 2002
and in January through September 2003 when compared to the same
time period of the previous year.
The company did not import leadframes during the relevant
period.
Moreover, the investigation revealed that the Make-Leadframe
Division (TA-W-53,196A) did not shift production of leadframes to a
foreign country during the relevant period.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers at the Make-Leadframe Division (TA-W-53,196A) are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the investi-
gation, I determine that a shift in production to a country with a
free trade agreement has contributed importantly to the decline in
sales and employment at Texas Instruments, Inc., Sensors and
Controls Division, Attleboro, Massachusetts (TA-W-53,196).
In accordance with the provisions of the Act, I make the
following certification:
"All workers of the Texas Instruments, Inc., Sensors and
Controls Division, Attleboro, Massachusetts (TA-W-53,196)
who became totally or partially separated from employment
on or after October 6, 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 also eligible to apply for alternative
trade adjustment assistance under Section 246 of the
Trade Act of 1974."
Furthermore, after careful review, I determine that all
workers of Texas Instruments, Inc., Make-Leadframe Division,
Attleboro, Massachusetts (TA-W-53,196A) are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974; and are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 10th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance