Petitioner Type: Company
Impact Date: 10/26/2004
Filed Date: 10/26/2005
Most Recent Update: 12/06/2005
Determination Date: 12/06/2005
Expiration Date: 12/06/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,218
ENCAD INC.
A KODAK COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
ADDECCO STAFFING
SAN DIEGO, CALIFORNIA
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), 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 October 26, 2005 in response to a petition filed by a company official on behalf of workers of Encad Inc., A Kodak Company, San Diego, California. The workers at the subject facility produced wide format inkjet printers.
The subject firm leased workers from Addecco Staffing in San Diego, California, to work on-site at Encad Inc.
The investigation revealed that employment and production at the subject firm declined from January through September of 2005, as compared to the same time period the previous year.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of wide format inkjet printers in 2003, 2004, and January through October 2005. These surveys revealed increased import purchases of wide format inkjet printers during the period under investigation.
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 facility are age 50 or over and possess skills that are not easily transferable. Competitive conditions in 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 wide format inkjet printers produced at Encad Inc., A Kodak Company, San Diego, 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:
"Workers of Encad Inc., A Kodak Company, San Diego, California, including on-site workers of Adecco Staffing, engaged in the production of wide-format inkjet printers, who became totally or partially separated from employment on or after October 26, 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 day of December, 2005
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-58,218
ENCAD INC.
A KODAK COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
ADDECCO STAFFING
SAN DIEGO, CALIFORNIA
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), 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 October 26, 2005 in response to a petition filed by a company official on behalf of workers of Encad Inc., A Kodak Company, San Diego, California. The workers at the subject facility produced wide format inkjet printers.
The subject firm leased workers from Addecco Staffing in San Diego, California, to work on-site at Encad Inc.
The investigation revealed that employment and production at the subject firm declined from January through September of 2005, as compared to the same time period the previous year.
The Department of Labor surveyed the subject firm’s major declining customers regarding their purchases of wide format inkjet printers in 2003, 2004, and January through October 2005. These surveys revealed increased import purchases of wide format inkjet printers during the period under investigation.
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 facility are age 50 or over and possess skills that are not easily transferable. Competitive conditions in 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 wide format inkjet printers produced at Encad Inc., A Kodak Company, San Diego, 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:
"Workers of Encad Inc., A Kodak Company, San Diego, California, including on-site workers of Adecco Staffing, engaged in the production of wide-format inkjet printers, who became totally or partially separated from employment on or after October 26, 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 day of December, 2005
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance