Denied
« back to search results

TAW-63480A  /  Mitsubishi Kagaku Imaging Corporation (Elkton, MD)

Petitioner Type: Company
Impact Date:
Filed Date: 06/04/2008
Most Recent Update: 06/11/2008
Determination Date: 06/11/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,480
MITSUBISHI KAGAKU IMAGING CORPORATION
VIRGINIA DIVISION
OPC MANUFACTURING GROUP
CHESAPEAKE, VIRGINIA

TA-W-63,480A
MITSUBISHI KAGAKU IMAGING CORPORATION
MARYLAND DIVISION
TONER MANUFACTURING GROUP
ELKTON, MARYLAND

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade 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 June 4, 2008 in response to
a petition filed by company officials on behalf of workers of
Mitsubishi Kagaku Imaging Corporation, Virginia Division, OPC
Manufacturing Group, Chesapeake, Virginia (TA-W-63,480) and
Maryland Division, Toner Manufacturing Group, Elkton, Maryland (TA-
W-63,480A). Workers of the OPC Manufacturing Group (TA-W-63,480)
produce organic photoconductors and the workers of the Toner
Manufacturing Group (TA-W-63,480A) produce monochrome toner.
The Department has determined that in the case of Mitsubishi
Kagaku Imaging Corporation, Virginia Division, OPC Manufacturing
Group, Chesapeake, Virginia (TA-W-63,480) that the requirements of
(a)(2)(B) of Section 222 have been met.
The investigation revealed that employment and production at
the OPC Manufacturing Group declined absolutely upon its closure in
2008.
The subject firm is shifting all production of organic
photoconductors to Singapore and Japan. Singapore is party to a
free trade agreement with the United States.
The investigation further revealed that Mitsubishi Kagaku
Imaging Corporation has increased its imports of organic
photoconductors during the relevant period.
It is further determined that with respect to workers of
Mitsubishi Kagaku Imaging Corporation, Maryland Division, Toner
Manufacturing Group, Elkton, Maryland (TA-W-53480A) that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The subject firm did not import monochrome toner, nor did it
shift production to a foreign country during the period under
investigation.
The subject firm did not have declining domestic corporate-
wide sales in 2006, 2007, or January through March 2008. Worker
separations are attributable to transfers of production to other
domestic facilities.
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 the case of Mitsubishi Kagaku
Imaging Corporation, Virginia Division, OPC Manufacturing Group,
Chesapeake, Virginia (TA-W-63,480) that the requirements of Section
246 have been met.
A significant number of workers at the subject facilities are
age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
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 of Mitsubishi Kagaku Imaging Corporation, Maryland
Division, Toner Manufacturing Group, Elkton, Maryland (TA-W-63,480)
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
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 Singapore and Japan of
articles that are like or directly competitive with organic
photoconductors produced by the Mitsubishi Kagaku Imaging
Corporation, Virginia Division, OPC Manufacturing Group,
Chesapeake, Virginia, 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
certification:
"All workers Mitsubishi Kagaku Imaging Corporation, Virginia
Division, OPC Manufacturing Group, Chesapeake, Virginia (TA-W-
63,480), who became totally or partially separated from
employment on or after May 20, 2007 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."
Furthermore, I determine that all workers of Mitsubishi Kagaku
Imaging Corporation, Maryland Division, Toner Manufacturing Group,
Elkton, Maryland (TA-W-63,480A) 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 11th day of June 2008


/s/Richard Church

RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance