Petitioner Type: Workers
Impact Date:
Filed Date: 12/29/2003
Most Recent Update: 02/11/2004
Determination Date: 02/11/2004
Expiration Date:
Employment and Training Administration
TA-W-53,894
MEDIACOPY TEXAS, INC.
INCLUDING LEASED WORKERS OF ADECCO AND CK STAFFING
A SUBSIDIARY OF INFODISC
EL PASO, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker 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, 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 December 29, 2003 in
response to a petition filed on behalf of workers at Mediacopy
Texas, Inc., a subsidiary of Infodisc, EL Paso, Texas. The subject
firm also leased workers from Adecco and CK Staffing. The workers
are engaged in the production of DVDs and VHS cassettes.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation further revealed that the subject firm did
not import DVDs and VHS cassettes or shift production of DVDs and
VHS cassettes to a foreign country during the relevant period.
The Department of Labor surveyed the companies to which the
subject firm submitted a bid for a contract to produce DVDs and VHS
cassettes. The survey revealed that the subject firm was outbid by
another domestic firm on the major contract for which the subject
firm submitted a bid during the relevant period.
Furthermore, United States imports for consumption of
prerecorded compact discs, tapes and records declined in terms of
dollar value in January through November of 2003 compared to the
same period one year prior.
Conclusion
After careful review, I determine that workers at Mediacopy
Texas, Inc., a subsidiary of Infodisc, including leased workers of
Adecco and CK Staffing, El Paso, Texas are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 11th day of February 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance