Petitioner Type: State
Impact Date: 05/21/2003
Filed Date: 05/24/2004
Most Recent Update: 06/24/2004
Determination Date: 06/24/2004
Expiration Date: 06/24/2006
Employment and Training Administration
TA-W-54,965
FLEXTRONICS INTERNATIONAL
INCLUDING LEASED WORKERS OF
SPHERION
PORTSMOUTH, NEW HAMPSHIRE
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 on May 24, 2004, in response
to a petition filed by the Trade Act Coordinator of New
Hampshire, on behalf of workers of Flextronics International,
Portsmouth, New Hampshire. The workers at the subject firm are
engaged in employment related to the production of
telecommunication equipment and telecommunication devices.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of
telecommunication equipment and telecommunication devices to a
country (Mexico) that is a party to free trade agreement with the
United States.
In accordance with Section 246 of 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 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 Flextronics International, Portsmouth, New
Hampshire, including lease workers of Spherion working at
Flextronics International, Portsmouth, New Hampshire who
became totally or partially separated from employment on or
after May 21, 2003, through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 24th day of June 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance