Petitioner Type: Workers
Impact Date:
Filed Date: 01/12/2006
Most Recent Update: 02/28/2006
Determination Date: 02/28/2006
Expiration Date:
Employment and Training Administration
TA-W-58,621
MURATA ELECTRONICS NORTH AMERICA
STATE COLLEGE, PENNSYLVANIA
Negative Determinations 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 on January 12, 2006, in
response to a petition filed on behalf of workers of Murata
Electronic North America, State College, Pennsylvania. The workers
at the subject firm performed customer service activities such as
stock check, delivery inquiry, order entry, expediting, process
return request, etc.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on increased company imports
of electronic capacitors, under petition number TA-W-53,941, which
expired on January 23, 2006.
The investigation revealed that Murata Electronic North
America, State College, Pennsylvania 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 workers at the subject firm did produce
electronic capacitors during 2005, though that group was already
covered under the previous certification. This current worker group
does not support a firm or appropriate subdivision that produces an
article domestically and thus, the worker group cannot 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 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 of the facts obtained in this
investigation, I determine that all workers Murata Electronic North
America, State College, Pennsylvania 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 28th day of February 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance