Petitioner Type: Company
Impact Date: 03/10/2003
Filed Date: 03/11/2004
Most Recent Update: 04/09/2004
Determination Date: 04/09/2004
Expiration Date: 04/09/2006
Employment and Training Administration
TA-W-54,482
UMICORE OPTICAL MATERIALS USA, INC.
QUAPAW, OKLAHOMA
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 March 11, 2004 in
response to a petition filed by a company official on behalf of
workers of Umicore Optical Materials USA, Quapaw, Oklahoma. The
workers at the subject firm produce germanium and germanium
products; workers are not separately identifiable by product
line.
The investigation revealed that sales, production and
employment decreased absolutely from 2002 to 2003, and during
the period of January through February 2004 when compared to the
same period in 2003.
Furthermore, the investigation revealed that the subject
firm did not import germanium or germanium products or shift
production of germanium or germanium products to a foreign
country during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of germanium and
germanium products. This survey determined that customers
increased their reliance on imports of germanium and germanium
products 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 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 germanium or germanium
products produced at Umicore Optical Materials USA, Quapaw,
Oklahoma 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 Umicore Optical Materials USA, Quapaw,
Oklahoma who became totally or partially separated from
employment on or after March 10, 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 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 April 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance