Petitioner Type: Workers
Impact Date:
Filed Date: 09/10/2008
Most Recent Update: 12/17/2008
Determination Date: 12/17/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,020
AMERICAN MULTIMEDIA, INC.
BURLINGTON, NORTH CAROLINA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated January 6, 2009, a worker requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of American Multimedia, Inc., Burlington, North Carolina
(subject firm) to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA). The Department’s
Notice of Affirmative Determination Regarding Application for
Reconsideration was signed on January 9, 2009, and published in
the Federal Register on January 15, 2009 (74 FR 2632).
The initial determination was based on the Department’s
findings that imports of replicated media (CDs, VHS tapes, DVDs,
and cassette tapes) did not contribute importantly to worker
separations at the subject firm and that no shift of production
to a foreign country occurred.
In the request for reconsideration, the worker provided
additional information regarding the customers of the subject
firm and alleges that the customers might have increased imports
of CDs, VHS tapes, DVDs, and cassette tapes.
In order to apply for TAA based on increased imports, the
subject worker group must meet the group eligibility requirements
under Section 222(a) of the Trade Act of 1974, as amended. Under
Section 222(a)(2)(A), the following criteria must be met:
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; and
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.
A careful review of previously-submitted information
revealed that neither the subject firm nor its major declining
customers imported CDs, VHS tapes, DVDs, and cassette tapes.
During the reconsideration investigation, the Department
conducted a survey of the customers identified in the request for
reconsideration regarding their purchases of CDs, VHS tapes,
DVDs, and cassette tapes (including like or directly competitive
articles) during 2006, 2007, and 2008. Based on the information
provided by the respondents, the Department determines that none
of the customers increased their imports while decreasing their
purchases from the subject firm during the relevant period.
Based on the information above, the Department determines
that the group eligibility requirements under Section 222(a) of
the Trade Act of 1974, as amended, were not met.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for TAA. Since the subject workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of American
Multimedia, Inc., Burlington, North Carolina.
Signed at Washington, D.C., this 3rd day of March 2009.
/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-64,020
AMERICAN MULTIMEDIA, INC.
BURLINGTON, NORTH CAROLINA
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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) were not met.
The investigation was initiated on September 10, 2008, in
response to a petition filed on behalf of workers of American
Multimedia, Inc., Burlington, North Carolina. The workers at the
subject firm produce replicated CD’s, DVD’s, VHS, and cassette
tapes.
The investigation revealed that the subject firm did not
import articles like or directly competitive with replicated CD’s,
DVD’s, VHS, and cassette tapes nor did it shift production of
replicated CD’s, DVD’s, VHS, and cassette tapes to a foreign
country during 2006, 2007, or January through August 2008.
The Department of Labor contacted the subject firm’s major
declining customers regarding their purchases of replicated CD’s,
DVD’s, VHS, and cassette tapes in 2006, 2007, and January through
August 2008. The survey revealed no increase in import purchases
by the customers during the relevant period.
United States aggregate imports of Unrecorded magnetic and
optical media have decreased in January to October 2008 when
compared with the same period in 2007.
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 American Multimedia,
Inc., Burlington, North Carolina, 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 17th day of December, 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -
Employment and Training Administration
TA-W-64,020
AMERICAN MULTIMEDIA, INC.
BURLINGTON, NORTH CAROLINA
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated January 6, 2009, a worker requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of American Multimedia, Inc., Burlington, North Carolina
(subject firm) to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA). The Department’s
Notice of Affirmative Determination Regarding Application for
Reconsideration was signed on January 9, 2009, and published in
the Federal Register on January 15, 2009 (74 FR 2632).
The initial determination was based on the Department’s
findings that imports of replicated media (CDs, VHS tapes, DVDs,
and cassette tapes) did not contribute importantly to worker
separations at the subject firm and that no shift of production
to a foreign country occurred.
In the request for reconsideration, the worker provided
additional information regarding the customers of the subject
firm and alleges that the customers might have increased imports
of CDs, VHS tapes, DVDs, and cassette tapes.
In order to apply for TAA based on increased imports, the
subject worker group must meet the group eligibility requirements
under Section 222(a) of the Trade Act of 1974, as amended. Under
Section 222(a)(2)(A), the following criteria must be met:
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; and
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.
A careful review of previously-submitted information
revealed that neither the subject firm nor its major declining
customers imported CDs, VHS tapes, DVDs, and cassette tapes.
During the reconsideration investigation, the Department
conducted a survey of the customers identified in the request for
reconsideration regarding their purchases of CDs, VHS tapes,
DVDs, and cassette tapes (including like or directly competitive
articles) during 2006, 2007, and 2008. Based on the information
provided by the respondents, the Department determines that none
of the customers increased their imports while decreasing their
purchases from the subject firm during the relevant period.
Based on the information above, the Department determines
that the group eligibility requirements under Section 222(a) of
the Trade Act of 1974, as amended, were not met.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for TAA. Since the subject workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of American
Multimedia, Inc., Burlington, North Carolina.
Signed at Washington, D.C., this 3rd day of March 2009.
/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-64,020
AMERICAN MULTIMEDIA, INC.
BURLINGTON, NORTH CAROLINA
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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) were not met.
The investigation was initiated on September 10, 2008, in
response to a petition filed on behalf of workers of American
Multimedia, Inc., Burlington, North Carolina. The workers at the
subject firm produce replicated CD’s, DVD’s, VHS, and cassette
tapes.
The investigation revealed that the subject firm did not
import articles like or directly competitive with replicated CD’s,
DVD’s, VHS, and cassette tapes nor did it shift production of
replicated CD’s, DVD’s, VHS, and cassette tapes to a foreign
country during 2006, 2007, or January through August 2008.
The Department of Labor contacted the subject firm’s major
declining customers regarding their purchases of replicated CD’s,
DVD’s, VHS, and cassette tapes in 2006, 2007, and January through
August 2008. The survey revealed no increase in import purchases
by the customers during the relevant period.
United States aggregate imports of Unrecorded magnetic and
optical media have decreased in January to October 2008 when
compared with the same period in 2007.
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 American Multimedia,
Inc., Burlington, North Carolina, 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 17th day of December, 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -