Petitioner Type: Company
Impact Date: 09/14/2003
Filed Date: 11/04/2003
Most Recent Update: 12/03/2003
Determination Date: 12/03/2003
Expiration Date: 12/03/2005
Employment and Training Administration
TA-W-53,439
AM COMMUNICATIONS, INC.
QUACKERTOWN, PENNSYLVANIA
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), as amended, 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 the company on behalf of workers at AM Communications, Inc., Quakertown, Pennsylvania. The workers at the subject firm are in direct administrative support of an affiliated company, Nestronix (TA-W-53,440) that are engaged in the production of status monitoring products for cable and broadband network systems. Those workers were recently certified for trade adjustment assistance.
Sales, production and employment declined during the relevant period.
The investigation revealed that the subject firm had increased its reliance on imported status monitoring products for cable and broadband network systems during the relevant period.
The subject firm was previously certified for trade adjustment assistance (TA-W-39,692). That certification expired on September 13, 2003.
The petitioner also requested consideration for Alternative Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply for ATAA for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The Department has determined in this case that the requirements 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 increases of imports of articles like or directly competitive with products produced by AM Communications, Inc., Quakertown, Pennsylvania contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the following certification:
"All workers of AM Communications, Inc., Quakertown, Pennsylvania, who became totally or partially separated from employment on or after September 14, 2003 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 3rd day of December, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance