Petitioner Type: Company
Impact Date: 06/08/2004
Filed Date: 06/10/2005
Most Recent Update: 07/20/2005
Determination Date: 07/20/2005
Expiration Date: 07/20/2007
Employment and Training Administration
TA-W-57,355
EMDS, INC.
GAITHERSBURG, MARYLAND
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 June 10, 2005, in response
to a petition filed by a company official on behalf of workers of
EMDS, Inc., Gaithersburg, Maryland. The workers produce printed
circuit boards.
The investigation also revealed that sales and employment
declined during the relevant period.
The Department of Labor surveyed the subject firms' major
declining customers regarding their purchases of printed circuit
boards in 2003, 2004 and January through May 2005 over the
corresponding 2004 period. The survey revealed that customers
increased their reliance on imported printed circuit boards during
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.
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 conclude that increases of imports of printed
circuit boards produced by EMDS, Inc., Gaithersburg, Maryland
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 EMDS, Inc., Gaithersburg, Maryland who became
totally or partially separated from employment on or after
June 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, 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 20th day of July, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance