Petitioner Type: Company
Impact Date: 11/01/2003
Filed Date: 11/04/2004
Most Recent Update: 12/09/2004
Determination Date: 12/09/2004
Expiration Date: 12/09/2006
Employment and Training Administration
TA-W-55,931
ADVANCED ENERGY INDUSTRIES, INC
OPERATIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS OF ADDECCO TEMPORARY SERVICES
FORT COLLINS, COLORADO
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)(B) of Section 222 have
been met.
The investigation was initiated November 4, 2004 in response to a
petition filed by a company official on behalf of workers at Advanced
Energy Industries, Inc., Operations Division, Fort Collins, Colorado.
The workers at the subject firm produce high power conversion products;
they are not separately identifiable.
The subject firm leased some of its workers from Adecco Temporary
Services, Fort Collins, Colorado.
The investigation revealed production and employment at the
subject firm decreased in 2003 in comparison to the same time frame in
2002.
Furthermore, the investigation revealed that company imports of
high power conversion products have increased during the relevant
period following a shift to The People's Republic of China.
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 that the workers' skills are easily
transferable.
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 Advanced Energy Industries, Inc., Operations
Division, including on-site leased workers of Adecco Temporary
Services, Fort Collins, Colorado who became totally or partially
separated from employment on or after November 1, 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 Advanced Energy
Industries, Inc., Operations Division, including on-site leased
workers of Adecco Temporary Services, Fort Collins, Colorado, 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 9th day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance