Denied
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TAW-59285  /  Sony Technology Center Pittsburgh (Mount Pleasant, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 04/27/2006
Most Recent Update: 05/25/2006
Determination Date: 05/25/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,285

SONY TECHNOLOGY CENTER-PITTSBURGH
A SUBSIDIARY OF SONY ELECTRONICS, INC.
SXRD ASSEMBLY
INCLUDING ON-SITE LEASED WORKERS OF STAFFMARK
MT. PLEASANT, PENNSYLVANIA

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, 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on April 27, 2006 in response
to a petition filed on behalf of workers at Sony Technology Center-
Pittsburgh, a subsidiary of Sony Electronics, Inc., SXRD Assembly,
Mt. Pleasant, Pennsylvania. The workers produce SXRD LCD-type rear
projection televisions.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C), and (a)(2)(B)(II.B) were not met.
The investigation revealed that subject firm sales and
production of SXRD LCD-type rear projection televisions increased
from 2004 to 2005 and again during the period of January through
April 2006 over the corresponding 2005 period. Also, the
investigation revealed that the subject firm did not report a
declining customer base during the relevant period.
Moreover, the subject firm did not import SXRD LCD-type rear
projection televisions, nor did it shift production to a foreign
country during 2004 or 2005.
The investigation also revealed that employment declines at
the subject firm were due to fluctuations in seasonal SXRD LCD-type
rear projection television production levels for which temporary
workers were employed.
The investigation further revealed that the subject firm
leased workers on-site from Staffmark to produce SXRD LCD-type rear
projection televisions.
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, I determine that
all workers of Sony Technology Center- Pittsburgh, a subsidiary of
Sony Electronics, Inc., SXRD Assembly, including on-site leased
workers of Staffmark, Mt. Pleasant, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 25th day of May 2006.


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance