DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,385

FOSTER ELECTRIC (USA), INC.
ACOUSTIC AUTHORITY DIVISION
INCLUDING LEASED WORKERS OF UNITED STAFFING SERVICE, SELECT
PERSONNEL SERVICE, EXPRESS SERVICE GROUP AND EAST-WEST STAFFING
VALENCIA, CALIFORNIA

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 June 15, 2005, in
response to a petition filed by a company official on behalf of
workers of Foster Electric (USA), Inc., Acoustic Authority
Division, Valencia, California. The workers produce speaker
cabinets & television cabinets.
The investigation revealed that the sales, production and
employment declined from January through June 2005 over the
corresponding 2004 period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of speaker
cabinets & television cabinets in 2003, 2004 and during January
through April 2005. The survey revealed that customers
increased its reliance on import purchases during relevant
period.
The investigation also revealed that Foster Electric (USA),
Inc., Acoustic Authority Division, Valencia, California also
leased workers from United Staffing Service, Select Personnel
Service, Express Service Group and East-West Staffing to produce
speaker cabinets & television cabinets.
Furthermore, the investigation revealed that there were
increasing aggregate United States imports of residential
speaker cabinets & television cabinets from 2003 to 2004,
January through February 2005 over the corresponding 2004
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 the employees 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 speaker cabinets & television
cabinets produced by Foster Electric (USA), Inc., Acoustic
Authority Division, Valencia, California 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 Foster Electric (USA), Inc., Acoustic
Authority Division, Valencia, California who became totally
or partially separated from employment on or after June 2,
2005 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 Foster Electric (USA),
Inc., Acoustic Authority Division, Valencia, California are
denied eligibility 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 July, 2005

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