Petitioner Type: Company
Impact Date: 02/24/2003
Filed Date: 02/26/2004
Most Recent Update: 03/10/2004
Determination Date: 03/10/2004
Expiration Date: 03/10/2006
Employment and Training Administration
TA-W-54,362
BOSE CORPORATION
BLYTHEWOOD, SOUTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Negative Determination Regarding Eligibility to Apply
For 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on February 26, 2004 in
response to a petition filed by a company official on behalf of
workers at Bose Corporation, Blythewood, South Carolina. The
workers at the subject firm produce home entertainment systems;
they are not separately identifiable.
The investigation revealed that employment at the subject firm
declined from fiscal year 2003 to fiscal year 2004.
Furthermore, the subject firm shifted production of home
entertainment systems to a country (Mexico) that is party to a free
trade agreement with the United States during the relevant period.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers' skills are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Bose Corporation, Blythewood, South Carolina,
who became totally or partially separated from employment on
or after February 24, 2003 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
I further determine that all workers of Bose Corporation,
Blythewood, South Carolina, 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 March 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance