Petitioner Type: Company
Impact Date: 03/11/2004
Filed Date: 04/13/2005
Most Recent Update: 05/16/2005
Determination Date: 05/16/2005
Expiration Date: 05/16/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,949
PEMSTAR, INC.
TAUNTON, MASSACHUSETTS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 April 13, 2005, in response
to a petition filed by a company official on behalf of workers of
Pemstar, Inc., Taunton, Massachusetts. The workers produce
electronic equipment.
The investigation revealed that major bids for which the
subject firm was the lowest domestic bidder were awarded to foreign
manufactories for subsequent import into the United States.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electronic equipment produced at
Pemstar, Inc., Taunton, Massachusetts contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Pemstar, Inc., Taunton, Massachusetts who
became totally or partially separated from employment on or
after March 11, 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, 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 16th day of May, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance