DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,702

MERIX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WOOD VILLAGE, OREGON

Notice of Revised Determination
on Reconsideration

By application postmarked March 18, 2008 a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA).
The initial investigation resulted in a negative
determination signed on March 4, 2008, was based on the finding
that even though there was a shift in production from the subject
firm to China, imports of inner layer panels that are used in the
production of printed circuit boards did not contribute
importantly to worker separations at the subject plant. The
denial notice was published in the Federal Register on March 21,
2008 (73 FR 15218).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s domestic
production of inner layer panels for printed circuit boards and
imports of these products into the United States.

The Department contacted the company official to verify
whether the subject firm imported inner layer panels upon shifting
production of these products from the subject firm to China. The
investigation on reconsideration revealed that the subject firm
increased imports of inner layer panels from 2006 to 2007. It was
also revealed that employment and sales of inner layer panels
declined at Merix Corporation, Wood Village, Oregon during the
relevant period.
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 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 increases of imports of inner layer
panels that are used in the production of printed circuit boards,
produced by Merix Corporation, Wood Village, Oregon, 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:
“All workers of Merix Corporation, including on-site leased
workers from Kelly Services, Wood Village, Oregon, who
became totally or partially separated from employment on or
after January 18, 2007, through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 1st day of April, 2008
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,702

MERIX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WOOD VILLAGE, OREGON

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 January 18, 2008 in
response to a petition filed by a company official on behalf of
workers at Merix Corporation, Wood Village, Oregon. The workers at
the subject firm are engaged in the production of panels that are
used in the production of printed circuit boards.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import articles like or directly competitive with panels during
2006 or 2007. The subject firm shifted the production of panels to
China in 2007. However, the articles (printed circuit boards) that
are imported back are not like or directly competitive with the
panels produced by the workers at the subject firm.
The investigation further revealed that the subject firm did
not sell the panels to outside customers. Rather, the panels were
sent to a domestic satellite facility for the production of printed
circuit boards.
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 of Merix Corporation,
Wood Village, Oregon, are denied eligibility to apply for adjust-
ment 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 4th day of March, 2008


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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