Petitioner Type: State
Impact Date: 04/19/2003
Filed Date: 04/28/2004
Most Recent Update: 06/03/2004
Determination Date: 06/03/2004
Expiration Date: 06/03/2006
Employment and Training Administration
TA-W-54,806
ENDWAVE CORPORATION
DIAMOND SPRINGS, CALIFORNIA
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), 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)(B) of
Section 222 have been met.
The investigation was initiated April 28, 2004 in response to
a petition filed by a state agency representative on behalf of
workers of Endwave Corporation, Diamond Springs, California. The
workers at the subject firm produce telecommunications harware;
they are not separately identifiable by product line.
The investigation revealed that employment at the subject firm
declined from 2003 to April 2004.
The investigation further revealed a shift in production of
telecommunications to Thailand during the period of January through
April 2004.
Moreover, the investigation revealed that imports of
telecommunications hardware have increased.
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 addition, 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 that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Endwave Corporation, Diamond Springs,
California who became totally or partially separated from
employment on or after April 19, 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 3rd day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance