DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,604

TOSHIBA AMERICA CONSUMER PRODUCTS, LLC
A SUBSIDIARY OF TOSHIBA AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM HOLLAND EMPLOYMENT
LEBANON, TENNESSEE

Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration

By letter dated April 1, 2005, a representative of the
International Brotherhood of Electrical Workers, Local 429,
requested administrative reconsideration regarding Alternative
Trade Adjustment Assistance (ATAA). The certification for Trade
Adjustment Assistance was signed on March 18, 2005. The Notice
of determination will soon be published in the Federal Register.
The initial investigation determined that the subject worker
group possesses skills that are easily transferable.
The petitioner provided new information to show 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 Toshiba America Consumer Products, LLC, A
Subsidiary of Toshiba America, Inc., including on-site
leased workers from Holland Employment, Lebanon, Tennessee,
who became totally or partially separated from employment on
or after February 17, 2004 through March 18, 2007, 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 22nd day of April 2005.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,604

TOSHIBA AMERICA CONSUMER PRODUCTS, LLC
A SUBSIDIARY OF TOSHIBA AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM HOLLAND EMPLOYMENT
LEBANON, 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 (19
USC 2273), as amended, 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 February 18, 2005 and filed
by an official of the International Brotherhood of Electrical
Workers, Local 429, on behalf of workers at Toshiba America
Consumer Products, LLC, a subsidiary of Toshiba America, Inc.,
Lebanon, Tennessee. The workers are engaged in the assembly of
televisions. The subject firm leased some workers from Holland
Employment.
The investigation revealed that employment, sales, and
production declined at the subject facility from 2003 to 2004.
The investigation also revealed that company imports of
televisions increased during the relevant period.
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 at the subject
firm possess skills that are easily transferable.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm. In
accordance with the provisions of the Act, I make the following
certification:
“All workers of Toshiba America Consumer Products, LLC, a
subsidiary of Toshiba America, Inc., including on-site leased
workers from Holland Employment, Lebanon, Tennessee, who
became totally or partially separated from employment on or
after February 17, 2004 through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.”
I further determine that all workers of Toshiba America
Consumer Products, LLC, a subsidiary of Toshiba America, Inc.,
including on-site leased workers from Holland Employment, Lebanon,
Tennessee, are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
as amended.
Signed in Washington, D.C., this 18th day of March, 2005.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance