Petitioner Type: Company
Impact Date: 11/20/2002
Filed Date: 11/25/2003
Most Recent Update: 12/16/2003
Determination Date: 12/16/2003
Expiration Date: 12/16/2005
DEPARTMENT OF LABOR
Employment and Training Administration
Findings of the Investigation
BUSINESS CONFIDENTIAL
TA-W-53,622
JVC MAGNETICS AMERICA COMPANY
TUSCALOOSA, ALABAMA
Determination and Basis C-2 Increased customer imports
Previous Determination: N
Number of Workers Affected: 109
Total Number of Workers: 177
Petitioner: Company official
Product: vhs video tape
SIC: 3695
RELEVANT DATES:
Institution Date: 11/25/03
Petition Date: 11/20/03
Impact Date: 11/20/02
File: S:/ONR/OADWTAAR/DTAA/WPDOCS/Case/T1/53622
Investigator: Renée Browne
Supporting Evidence
Parent company of JVC Magnetics America Company is Victor Company
of Japan.
JVC Magnetics America Company located in Tuscaloosa, Alabama is the
subject of this investigation.
The subject firm produced vhs video tape in FY 2001, FY 2002 and
the first eight months of FY 2003.
The company's fiscal year ends in March.
Sales and production decreased in FY 2002 compared to FY 2001 and
in the first 8 months of FY 2003 compared to the same period in FY
2002(est.).
The company intends to shift production from the subject facility
to China on January 31, 2004. It plans to import beginning February
1, 2004.
Production worker employment decreased in FY 2002 compared to FY
2001.
Layoffs will occur between January 15, 2004 and January 31, 2004.
The subject plant will be permanently closed on January 31, 2004.
Approximately 68 workers will be affected.
The Department conducted a survey of two major declining customers
(Sam's and Technicolor) regarding their purchases of vhs videotape
in 2001, 2002 and January-November 2003. The survey revealed that
one customer (Technicolor) responded. The respondent, which
accounted for approximately 98% of the subject firm's decline in
sales in FY 2002 compared to FY 2001 and 10% in the first 8 months
of FY 2003 compared to the same period in FY 2002(est.), increased
its purchases of vhs videotape from foreign sources relative to its
purchases from the subject firm and from other domestic firms
wholly manufactured in foreign countries and foreign firms
absolutely while decreasing its purchases from the subject firm in
2002 compared to 2001 and in January-November 2003 compared to the
same period in 2002.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,622
JVC MAGNETICS AMERICA COMPANY
TUSCALOOSA, ALABAMA
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 25, 2003, in
response to a petition filed by a company official on behalf of
workers at JVC Magnetics America Company, Tuscaloosa, Alabama. The
workers primarily produced vhs videotape.
The investigation revealed the sales, production and
employment decreased during the relevant period.
The company intends to shift production from the subject
facility to a foreign country and to increase imports of products
produced at the subject facility in early 2004.
The Department conducted a survey of major declining customers
regarding their purchases of vhs videotape in 2001, 2002 and
January through November 2003. The survey revealed that a
respondent, which accounted for a significant percentage of the
subject firm's decline in sales, increased its purchases of vhs
videotape from foreign sources, while decreasing their purchases
from the subject firm during the relevant period.
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 determine that increases of imports of articles
like or directly competitive with vhs videotape at JVC Magnetics
America Company, Tuscaloosa, Alabama 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 JVC Magnetics America Company, Tuscaloosa,
Alabama who became totally or partially separated from
employment on or after November 20, 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 16th day of December, 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance