Petitioner Type: Company
Impact Date: 02/24/2006
Filed Date: 01/19/2006
Most Recent Update: 02/07/2006
Determination Date: 02/07/2006
Expiration Date: 02/07/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,661
KEMET ELECTRONICS CORPORATION
INCLUDING LEASED WORKERS OF BPS, STAFFMARK AND PHILLIPS STAFFING
FOUNTAIN INN, SOUTH CAROLINA
TA-W-58,661A
KEMET ELECTRONICS CORPORATION
INCLUDING LEASED WORKERS OF BPS, STAFFMARK AND PHILLIPS STAFFING
SIMPSONVILLE, SOUTH CAROLINA
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on January 19, 2006 in
response to a petition filed by a company official on behalf of
workers of Kemet Electronics Corporation, Fountain Inn and
Simpsonville, South Carolina. The workers produce capacitors at
both locations.
The subject firm leased workers from BPS, Staffmark and
Phillips Staffing at both locations.
Workers at the subject locations were certified eligible to
apply for adjustment assistance on February 23, 2004 (TA-W-54,129).
That certification expires February 23, 2006.
This investigation revealed that the subject firm is losing
employment at the two locations as it shifts production to Mexico
and China.
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 addition, 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 determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certifications:
"All workers of Kemet Electronics Corporation, including
leased workers of BPS, Staffmark and Phillips Staffing,
Fountain Inn, South Carolina (TA-W-58,661) and Simpsonville,
South Carolina (TA-W-58,661A) who became totally or partially
separated from employment on or after February 24, 2006
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 7th day of February, 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance