Petitioner Type: Company
Impact Date:
Filed Date: 01/28/2005
Most Recent Update: 03/18/2005
Determination Date: 03/18/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,420
TYCO ELECTRONICS
COMMUNICATIONS, COMPUTERS AND CONSUMBER ELECTRONICS DIVISION
EAST BERLIN, PENNSYLVANIA
TA-W-56,420A
TYCO ELECTRONICS
COMMUNICATIONS, COMPUTERS AND CONSUMBER ELECTRONIC DIVISION
CARLISLE, PENNSYLVANIA
Determinations Regarding Eligibility
To Apply for Worker 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 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 January 28, 2005, in
response to a petition filed by a company official on behalf of
workers of Tyco Electronics, Communications, Computer and
Consumer Electronics Division, East Berlin, Pennsylvania (TA-W-
56,420) and Tyco Electronics, Communications, Computer and
Consumer Electronics Division, Carlisle, Pennsylvania (TA-W-
56,420A). The workers produce electronic connectors and plated
connector components at the respective plants.
The investigation revealed that criteria (a)(2)(A)(I.A.)
and (a)(2)(B) (II.A.) have not been met.
East Berlin, Pennsylvania Location:
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or
proportion of workers in this plant as required by Section 222
of the Trade Act of 1974. Significant number or proportion of
the workers in a firm, or appropriate subdivision thereof, means
at least three workers in a workforce of fewer than 50 workers,
or five percent of the workers in a workforce of 50 or more.
Carlisle, Pennsylvania Location:
The investigation of this plant revealed that production
increased from 2003 to 2004, and it is estimated that production
will continue to increase during the first quarter of 2005.
Furthermore, Tyco Electronics did not import plated
connector components, nor did it shift production abroad in the
relevant periods.
Conclusion
After careful review, I determine that all workers of Tyco
Electronics, Communications, Computer and Consumer Electronics
Division, East Berlin, Pennsylvania (TA-W-56,420) are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
I also determine that all workers of Tyco Electronics,
Communications, Computer and Consumer Electronics Division,
Carlisle, Pennsylvania (TA-W-56,420A) are also denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C., this 18th day of March 2005.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance