DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,774

CAPITOL RECORDS, INC.
CUSTOMER FULFILLMENT OPERATIONS
A SUBSIDIARY OF EMI MUSIC
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
JACKSONVILLE, ILLINOIS


Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration

By letter dated December 1, 2004, a petitioner requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA). The certification for Trade
Adjustment Assistance was signed on November 5, 2004. The Notice
of determination was published in the Federal Register on
December 9, 2004 (69 FR 71429).
The initial investigation determined that subject worker
group possess skills that are easily transferable.
The Department has received new information that indicates
that the workers possess skills that are not easily transferable.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.




Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Capitol Records, Inc., Customer Fulfillment
Operations, A Subsidiary of EMI Music, including on-site
leased workers of Adecco, Jacksonville, Illinois, who became
totally or partially separated from employment on or after
September 29, 2003 through November 5, 2006, 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 30th day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,774

CAPITOL RECORDS, INC.
CUSTOMER FULFILLMENT OPERATIONS
A SUBSIDIARY OF EMI MUSIC
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
JACKSONVILLE, ILLINOIS

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 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 October 12, 2004 in
response to a petition filed on behalf of workers of Capitol
Records, Inc., Customer Fulfillment Operations, a subsidiary of EMI
Music, Jacksonville, Illinois. The workers at the subject firm
produced compact discs and cassettes; workers were not separately
identifiable by product line.
The subject firm also leased some workers from Adecco,
Jacksonville, Illinois.
The workers of the firm were denied eligibility to apply for
trade adjustment assistance on May 25, 2004 (TA-W-55,774). The
denial was issued based on investigation findings that sales and
production increased during the period relevant to the
investigation.
This investigation revealed that production and employment at
the subject firm declined absolutely with the closure of operations
on May 31, 2004.
The investigation further revealed an increase in company
imports of compact discs and cassettes during the period of January
through September 2004 when compared to the same period in 2003.
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 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 workers in the workers’ firm do
possess skills that are easily transferable within 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 compact discs and cassettes
produced by Capitol Records, Inc., Customer Fulfillment Operations,
a subsidiary of EMI Music, Jacksonville, Illinois, 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 Capitol Records, Inc., Customer Fulfillment
Operations, a subsidiary of EMI Music, including on-site
leased workers of Adecco, Jacksonville, Illinois who became
totally or partially separated from employment on or after
September 29, 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



I further determine that all workers of Capitol Records, Inc.,
Customer Fulfillment Operations, a subsidiary of EMI Music,
including on-site leased workers of Adecco, Jacksonville, Illinois
are denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of November 2004
/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance