Petitioner Type: Company
Impact Date: 09/29/2003
Filed Date: 10/18/2004
Most Recent Update: 11/15/2004
Determination Date: 11/15/2004
Expiration Date: 11/15/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,815
PHILIPS CONSUMER ELECTRONICS
SERVICE PUBLICATIONS DEPARTMENT
KNOXVILLE, TENNESSEE
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 October 18, 2004 in
response to a petition filed by a company official on behalf of
workers at Philips Consumer Electronics, Service Publications
Department, Knoxville, Tennessee. The workers at the subject
firm produced technical service manuals and are separately
identifiable.
The investigation revealed that employment at the subject
firm decreased during the relevant period under investigation.
The investigation further revealed, following a shift of
production abroad, the subject firm will increase their imports
of technical service manuals.
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 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 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
possess skills that are easily transferable to other positions
in the local commuting area.
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 Belgium 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 Philips Consumer Electronics, Service
Publications Department, Knoxville, Tennessee 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 assis-
tance under Section 223 of the Trade Act of 1974."
"I further determine that all workers of Philips Consumer
Electronics, Service Publications Department, Knoxville,
Tennessee 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 15th day of November, 2004.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance