DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,719

3M PRECISION OPTICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
CINCINNATI, OHIO

Notice of Revised Determination
on Reconsideration

On October 10, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on October 22, 2008 (73 FR
63021).
The previous investigation initiated on July 21, 2008,
resulted in a negative determination issued on September 3, 2008,
was based on the finding that imports of optical systems for
projection televisions and projectors did not contribute
importantly to worker separations at the subject firm and no
shift in production to a foreign source occurred. The denial
notice was published in the Federal Register on September 18,
2008 (73 FR 54174).
In the request for reconsideration, the petitioner provided
additional information regarding a shift in production of optical
systems for projection televisions and projectors from the
subject firm to China and alleged that imports of projection
televisions and projectors increased.
The Department contacted the company official to verify
whether the subject firm imported optical systems for projection
televisions and projectors following a shift to China.
The investigation on reconsideration revealed that the subject
firm shifted production of optical systems for projection
televisions and projectors and increased imports of optical systems
for projection televisions and projectors during the relevant
period. It was also revealed that employment and sales declined at
3M Precision Optics, Inc., Cincinnati, Ohio 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 there was a shift in production
from the workers' firm or subdivision to China 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 certification:
"All workers of 3M Precision Optics, Inc., including on-site
leased workers from Volt, Cincinnati, Ohio, who became
totally or partially separated from employment on or after
July 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 in Washington, D.C. this 26th day of November 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-63,719

3M PRECISION OPTICS INCORPORATED
CINCINNATI, OHIO

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 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 July 21, 2008, in response
to a petition filed by a company official on behalf of workers of
3M Precision Systems Optics Incorporated, Cincinnati, Ohio. The
workers produce optical systems for projection televisions and
projectors. In particular they produce CRT’s (Cathode Ray Tubes)
for projection televisions, KE (overhead projector film) and MoPro
(Mobile Projector) components for projectors. The workers are not
separately identifiable by product produced.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm shifted
production of optical systems abroad but will not import them to
the United States.
The investigation revealed that production by the subject firm
is for the export market. Worker separations at the subject
facility are caused by declining production due to reduced exports.
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 during this
investigation, I determine that workers of 3M Precision Systems
Optics Incorporated, Cincinnati, Ohio, 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 3rd day of September 2008.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance





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