DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,071

EEEA, INC.
MAULDIN, SOUTH CAROLINA

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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift in production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on October 5, 2005 in
response to a petition filed on behalf of workers of EEEA, Inc.,
Mauldin, South Carolina. The workers produce electronic
assemblies and test equipment.
The investigation revealed that criteria (2) and (3)(A)

have not been met.

Petitioners allege that job losses were due to their firm
losing business as a supplier of component parts to a firm that
shifted production abroad or was affected by increased imports.
The investigation revealed, however, that was not the case.
The articles produced by the petitioning worker group were
not component parts for articles that were the basis for a
certification for trade adjustment assistance eligibility.
Moreover, the investigation revealed that there were no
company imports of electronic assemblies or test equipment, nor
was there a shift in production of electronic assemblies or test
equipment to a foreign country during the period under investi-
gation.
Additionally, the United States Department of Labor
conducted a survey of the major customer of the subject firm
regarding its purchases of PCBs and electronic assemblies in
2003, 2004, and January-September of 2005. The survey revealed
that the respondent did not import 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.
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 covered
by this petition of EEEA, Inc., Mauldin, South Carolina do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974, and are also denied eligibility
to apply for alternative trade adjustment assistance (ATAA)
under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 8th day of November, 2005.

/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance