Petitioner Type: State
Impact Date: 09/15/2003
Filed Date: 09/23/2004
Most Recent Update: 10/18/2004
Determination Date: 10/18/2004
Expiration Date: 10/18/2006
Employment and Training Administration
TA-W-55,661
TYCO ELECTRONICS
FIBER OPTICS DIVISION
SOMERVILLE, NEW JERSEY
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)(B) of
Section 222 have been met.
The investigation was initiated on September 23, 2004 in
response to a petition filed by a State agency representative on
behalf of workers at Tyco Electronics, Fiber Optics Division,
Somerville, New Jersey. Workers at the subject facility produce
fiber optic subcomponents, semiconductors and transceivers (GPL
195s). Workers are not separately identifiable by product line.
The investigation revealed that employment declined at the
subject facility from January through August 2004, when compared to
the same period in 2003.
Furthermore, the investigation revealed that Tyco Electronics
is shifting production of transceivers to China and is increasing
imports during the relevant period.
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 there was a shift in production
from the workers' firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, 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 Tyco Electronics, Fiber Optics Division,
Somerville, New Jersey, who became totally or partially
separated from employment on or after September 15, 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 18th day of October, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance