Petitioner Type: State
Impact Date: 06/29/2003
Filed Date: 06/29/2004
Most Recent Update: 08/05/2004
Determination Date: 08/05/2004
Expiration Date: 08/05/2006
Employment and Training Administration
TA-W-55,169
CIPRICO, INC.
PLYMOUTH, MINNESOTA
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 (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)(A) 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 Ciprico, Inc., Plymouth, Minnesota. The
workers were engaged in the production of disk array storage
systems for the data storage industry.
The investigation revealed that sales and employment
declined from 2002 to 2003. Sales, production and employment
also declined from January through May 2003 to January through
May 2004.
The Department of Labor surveyed the subject firm's
customers regarding their purchases of disk array storage
systems. The surveys revealed customers increased their foreign
purchases from January through June 2004 while decreasing
purchases from the subject firm.
Furthermore, the investigation revealed that there were
substantial and increasing aggregate United States imports of
disk array storage systems from January through May 2003 to
January through May 2004.
In addition, 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.
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 possess skills
that are easily transferable to other positions in the local
area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with disk array storage systems
produced at the subject firm contributed importantly to the
total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Ciprico, Inc., Plymouth, Minnesota who
became totally or partially separated from employment on or
after June 29, 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
I further determine that all workers of Ciprico, Inc.,
Plymouth, Minnesota, are denied eligibility for Alternative
Trade Adjustment Assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, D. C. this 5th day of August, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance