DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,708

AVX CORPORATION
SUBSIDIARY OF KYOCERA CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
EXPRESS PERSONNEL SERVICES
RALEIGH, NORTH CAROLINA

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated April 25, 2005, the United Steel Workers of
America, Local 1028T requested administrative reconsideration
regarding Alternative Trade Adjustment Assistance (ATAA)
applicable to workers of the subject firm. The negative
determination was signed on March 25, 2005, and amended on April
25, 2005, and will soon be published in the Federal Register.
The workers of AVX Corporation, subsidiary of Kyocera
Corporation, including on-site leased workers of Express
Personnel Services, Raleigh, North Carolina were certified
eligible to apply for Trade Adjustment Assistance (TAA) on March
25, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
The petitioner provided additional information regarding
the skills of the workers of the subject firm and the current
situation in the electronics industry in the local area.

Upon further contacts with the company official it was
confirmed that the skills of the workers at the subject firm are
not easily transferable in the local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. 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 AVX Corporation, subsidiary of Kyocera
Corporation, including on-site leased workers of Express
Personnel Services, Raleigh, North Carolina, who became
totally or partially separated from employment on or after
March 8, 2004 through March 25, 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 29th 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-56,708

AVX CORPORATION
SUBSIDIARY OF KYOCERA CORPORATION
RALEIGH, NORTH CAROLINA

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 March 10, 2005 in response
to a petition filed by a company official on behalf of workers at
AVX Corporation, subsidiary of Kyocera Corporation, Raleigh, North
Carolina. Workers produce electronic components; they are not
separately identifiable by articles produced.
The investigation revealed that the subject plant shifted
production of electronic components to a country (Mexico) that is a
party to a free trade agreement with the United States. The
investigation further revealed that employment at the subject plant
declined during the relevant period.
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 workers possess skills that
are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
AVX Corporation, subsidiary of Kyocera Corporation, Raleigh, North
Carolina to Mexico of articles that are like or directly
competitive with the electronic components produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of AVX Corporation, subsidiary of Kyocera
Corporation, Raleigh, North Carolina who became totally or
partially separated from employment on or after March 8, 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 AVX Corporation,
subsidiary of Kyocera Corporation, Raleigh, North Carolina are
denied eligibility for Alternative Trade Adjustment Assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 25th day of March 2005.


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