Petitioner Type: Workers
Impact Date:
Filed Date: 11/02/2004
Most Recent Update: 12/13/2004
Determination Date: 12/13/2004
Expiration Date:
Employment and Training Administration
TA-W-55,905
MEDIACOPY TEXAS, INC.
A DIVISION OF INFODISC USA
INCLUDING LEASED WORKERS OF ADECCO, LABOR FORCE AND SELECT
EL PASO, TEXAS
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And 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. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A.a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 2, 2004, in
response to a petition filed on behalf of workers of Mediacopy
Texas, Inc., a division of Infodisc USA, El Paso, Texas. The
workers produced custom packaged replicated DVD discs and VHS
video tapes.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation revealed sales, production and employment
at the subject firm declined from January through October 2004
over the corresponding 2003 period.
The investigation revealed that Mediacopy Texas, Inc., a
division of Infodisc USA, El Paso, Texas also leased workers
from Adecco, Labor Force and Select.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of replicated DVD
discs and VHS video tapes. The subject firm's major customers
reported no foreign purchases during the period under
investigation.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Mediacopy Texas, Inc., a division of Infodisc USA, El Paso,
Texas are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 13th day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance