Petitioner Type: State
Impact Date:
Filed Date: 06/02/2005
Most Recent Update: 06/27/2005
Determination Date: 06/27/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,284
SAMSUNG INFORMATION SYSTEMS AMERICA
DIGITAL PRINTING SOLUTIONS LAB
WOODBURY, MINNESOTA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And 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.
The investigation was initiated in response to a petition
received on June 2, 2005 and filed by the Minnesota Trade
Adjustment Assistance Coordinator on behalf of workers at Samsung
Information Systems America, Inc., Digital Printing Solutions
Lab, Woodbury, Minnesota. The workers provided research and
development of toner for printers primarily for production done
in Korea.
The investigation revealed that Samsung Information Systems
America, Inc., Digital Printing Solutions Lab, Woodbury,
Minnesota does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
petitioning workers of Samsung Information Systems America, Inc.,
Digital Printing Solutions Lab, Woodbury, Minnesota do not
support a firm or appropriate subdivision that produces an
article domestically and thus the worker group can not be
considered import impacted or affected by a shift in production
of an article.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Samsung Information Systems America, Inc., Digital Printing
Solutions Lab, Woodbury, Minnesota are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C., this 27th day of June 2005.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance