Petitioner Type: State
Impact Date: 06/28/2003
Filed Date: 06/29/2004
Most Recent Update: 07/12/2004
Determination Date: 07/12/2004
Expiration Date: 07/12/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,165
CREO AMERICAS, INC.
CREO SEATTLE DIVISION
A SUBSIDIARY OF CREO, INC.
LYNWOOD, WASHINGTON
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 June 29, 2004 in response
to a petition filed by a state agency representative on behalf of
workers of Creo Americas, Inc., Creo Seattle Division, a subsidiary
of Creo, Inc., Lynwood, Washington. The workers at the subject firm
produce packaged print production software.
The investigation revealed that employment at the subject firm
decreased from 2002 to 2003 and in January through May of 2004
compared to the same period in 2003.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of packaged print
production software to a country (Canada) that is a party to a free
trade agreement with the United States.
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 with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that 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 Canada 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 Creo Americas, Inc., Creo Seattle Division, a
subsidiary of Creo, Inc., Lynwood, Washington who became
totally or partially separated from employment on or after
June 28, 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."
I further determine that all workers of Creo Americas, Inc., Creo
Seattle Division, a subsidiary of Creo, Inc., Lynwood, Washington
are denied eligibility to apply for alternative trade assistance
under section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 12th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance