Petitioner Type: State
Impact Date: 10/27/2002
Filed Date: 11/04/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date: 12/09/2005
Employment and Training Administration
TA-W-53,436
SANMINA – SCI
INCLUDING LEASED WORKERS OF MANPOWER AND BONNEY STAFFING
WESTBROOK, MAINE
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 (19 USC 2273), the Department of Labor herein presents the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on November 4, 2003 in response to a petition filed by a state agency representative on behalf of workers at Sanmina - SCI, Westbrook, Maine. The workers at the subject firm produce computer enclosures. The workers are not separately identifiable by product line.
The subject firm also leased some production workers from Manpower, Augusta, Maine and Bonney Staffing, Augusta, Maine.
The investigation revealed that sales of computer enclosures at Sanmina - SCI, Westbrook, Maine declined absolutely from 2001 to 2002 and from the period of January through September of 2002 to the period of January through September of 2003.
The Department of Labor the subject firm’s major declining customers regarding their purchases of computer enclosures. This survey revealed increased imports of computer enclosures during the period under investigation.
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 that in the case of Sanmina - SCI, Westbrook, Maine, the requirements of Section 246 have been met.
A significant number of workers at the subject firm are age 50 or over and possess skills that are not easily transferable within the geographical area. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with computer enclosures produced at Sanmina - SCI, Westbrook, Maine contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Sanmina - SCI, Westbrook, Maine, and leased workers of Manpower and Bonney Staffing producing computer enclosures at Sanmina – SCI, Westbrook, Maine, who became totally or partially separated from employment on or after October 27, 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."
Signed in Washington, D. C. this 9th day of December, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance