Petitioner Type: Company
Impact Date: 07/20/2010
Filed Date: 07/21/2011
Most Recent Update: 10/13/2011
Determination Date: 10/13/2011
Expiration Date: 10/13/2013
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,307
COMSCOPE, INC.
CATAWBA FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
STAFFMASTERS
INCLUDING ON-SITE WORKERS FROM
CABLE TRANSPORT, INC.
CATAWBA, NORTH CAROLINA
Amended Certification 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 13, 2011,
applicable to workers of CommScope, Inc., Catawba Facility, a
subsidiary of the Carlyle Group, including on-site leased workers
from Staffmasters, Catawba, North Carolina. The workers are
engaged in activities related to the production of coaxial cable
and coax products for the cable television industry. The notice
was published in the Federal Register on October 26, 2011 (76 FR
66329).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers from Cable Transport, Inc. were
employed on-site at the Catawba, North Carolina location of
CommScope, Inc., Catawba Facility, a subsidiary of the Carlyle
Group. The Department has determined that these workers were
sufficiently under the control of CommScope, Inc., Catawba
Facility, a subsidiary of the Carlyle Group to be considered
leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm adversely affected by increased
company imports of coaxial cable and coax products for the cable
television industry.
Based on these findings, the Department is amending this
certification to include workers from Cable Transport, Inc.
working on-site at the Catawba, North Carolina location of the
subject firm.
The amended notice applicable to TA-W-80,307 is hereby
issued as follows:
"All workers of CommScope, Inc., Catawba Facility, a
subsidiary of the Carlyle Group, including on-site
leased workers from Staffmasters, including on-site
workers from Cable Transport, Inc., Catawba, North
Carolina (TA-W-80,307) and CommScope., Conover
Facility, a subsidiary of the Carlyle Group, including
remote workers reporting to Conover, North Carolina,
including on-site leased workers from Staffmasters,
Conover, North Carolina (TA-W-80,307A), who became
totally or partially separated from employment on or
after July 20, 2010, through October 13, 2013, 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.”
Signed at Washington, D.C. this 16th day of February 2012
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,307
COMMSCOPE, INC.
CATAWBA FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING ON-SITE LEASED WORKERS
FROM STAFFMASTERS
CATAWBA, NORTH CAROLINA
TA-W-80,307A
COMMSCOPE, INC.
CONOVER FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING REMOTE WORKERS
REPORTING TO CONOVER, NORTH CAROLINA
AND ON-SITE LEASED WORKERS
FROM STAFFMASTERS
CONOVER, NORTH CAROLINA
Certification 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 (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) 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;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly
competitive with articles produced by such firm or
subdivision have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision
The investigation was initiated in response to a petition
filed on July 21, 2011 by a company official on behalf of workers
of CommScope, Inc., Catawba facility, a subsidiary of the Carlyle
Group, including on-site leased workers from Staffmasters, Catawba,
North Carolina (TA-W 80,307) and CommScope, Inc., Conover
facility, a subsidiary of the Carlyle Group, including remote
workers reporting to Conover, North Carolina and on-site leased
workers from Staffmasters, Conover, North Carolina (TA-W 80,307A)
(CommScope).
The workers’ firm is engaged activities related to the
production of coaxial cable and coax products for the cable
television industry.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at each location of the workers’ firm are
threatened to become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production of coaxial cable and coax products by CommScope have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced by
CommScope have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at CommScope.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The investigation revealed that the criterion has been met.
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers at each location in the workers’ firm are 50
years of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm at each location possess skills that are not
easily transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CommScope, Inc., Catawba
facility, a subsidiary of the Carlyle Group, including on-site
leased workers from Staffmasters, Catawba, North Carolina (TA-W
80,307) and CommScope, Inc., Conover facility, a subsidiary of the
Carlyle Group, including remote workers reporting to Conover, North
Carolina and on-site leased workers from Staffmasters, Conover,
North Carolina (TA-W 80,307A), who are engaged in activities
related to the production of coaxial cable and coax products, meet
the worker group certification criteria under 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
“All workers of CommScope, Inc., Catawba facility, a
subsidiary of the Carlyle Group, including on-site leased
workers from Staffmasters, Catawba, North Carolina (TA-W
80,307) and CommScope, Inc., Conover facility, a subsidiary of
the Carlyle Group, including remote workers reporting to
Conover, North Carolina and on-site leased workers from
Staffmasters, Conover, North Carolina (TA-W 80,307A), who
become totally or partially separated from employment on or
after July 20, 2010, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended.”
Signed in Washington, D. C. this 13th day of October, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
- 8 -
Employment and Training Administration
TA-W-80,307
COMSCOPE, INC.
CATAWBA FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
STAFFMASTERS
INCLUDING ON-SITE WORKERS FROM
CABLE TRANSPORT, INC.
CATAWBA, NORTH CAROLINA
Amended Certification 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 13, 2011,
applicable to workers of CommScope, Inc., Catawba Facility, a
subsidiary of the Carlyle Group, including on-site leased workers
from Staffmasters, Catawba, North Carolina. The workers are
engaged in activities related to the production of coaxial cable
and coax products for the cable television industry. The notice
was published in the Federal Register on October 26, 2011 (76 FR
66329).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers from Cable Transport, Inc. were
employed on-site at the Catawba, North Carolina location of
CommScope, Inc., Catawba Facility, a subsidiary of the Carlyle
Group. The Department has determined that these workers were
sufficiently under the control of CommScope, Inc., Catawba
Facility, a subsidiary of the Carlyle Group to be considered
leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm adversely affected by increased
company imports of coaxial cable and coax products for the cable
television industry.
Based on these findings, the Department is amending this
certification to include workers from Cable Transport, Inc.
working on-site at the Catawba, North Carolina location of the
subject firm.
The amended notice applicable to TA-W-80,307 is hereby
issued as follows:
"All workers of CommScope, Inc., Catawba Facility, a
subsidiary of the Carlyle Group, including on-site
leased workers from Staffmasters, including on-site
workers from Cable Transport, Inc., Catawba, North
Carolina (TA-W-80,307) and CommScope., Conover
Facility, a subsidiary of the Carlyle Group, including
remote workers reporting to Conover, North Carolina,
including on-site leased workers from Staffmasters,
Conover, North Carolina (TA-W-80,307A), who became
totally or partially separated from employment on or
after July 20, 2010, through October 13, 2013, 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.”
Signed at Washington, D.C. this 16th day of February 2012
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,307
COMMSCOPE, INC.
CATAWBA FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING ON-SITE LEASED WORKERS
FROM STAFFMASTERS
CATAWBA, NORTH CAROLINA
TA-W-80,307A
COMMSCOPE, INC.
CONOVER FACILITY
A SUBSIDIARY OF THE CARLYLE GROUP
INCLUDING REMOTE WORKERS
REPORTING TO CONOVER, NORTH CAROLINA
AND ON-SITE LEASED WORKERS
FROM STAFFMASTERS
CONOVER, NORTH CAROLINA
Certification 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 (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) 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;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly
competitive with articles produced by such firm or
subdivision have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision
The investigation was initiated in response to a petition
filed on July 21, 2011 by a company official on behalf of workers
of CommScope, Inc., Catawba facility, a subsidiary of the Carlyle
Group, including on-site leased workers from Staffmasters, Catawba,
North Carolina (TA-W 80,307) and CommScope, Inc., Conover
facility, a subsidiary of the Carlyle Group, including remote
workers reporting to Conover, North Carolina and on-site leased
workers from Staffmasters, Conover, North Carolina (TA-W 80,307A)
(CommScope).
The workers’ firm is engaged activities related to the
production of coaxial cable and coax products for the cable
television industry.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at each location of the workers’ firm are
threatened to become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production of coaxial cable and coax products by CommScope have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced by
CommScope have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at CommScope.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The investigation revealed that the criterion has been met.
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers at each location in the workers’ firm are 50
years of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm at each location possess skills that are not
easily transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CommScope, Inc., Catawba
facility, a subsidiary of the Carlyle Group, including on-site
leased workers from Staffmasters, Catawba, North Carolina (TA-W
80,307) and CommScope, Inc., Conover facility, a subsidiary of the
Carlyle Group, including remote workers reporting to Conover, North
Carolina and on-site leased workers from Staffmasters, Conover,
North Carolina (TA-W 80,307A), who are engaged in activities
related to the production of coaxial cable and coax products, meet
the worker group certification criteria under 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
“All workers of CommScope, Inc., Catawba facility, a
subsidiary of the Carlyle Group, including on-site leased
workers from Staffmasters, Catawba, North Carolina (TA-W
80,307) and CommScope, Inc., Conover facility, a subsidiary of
the Carlyle Group, including remote workers reporting to
Conover, North Carolina and on-site leased workers from
Staffmasters, Conover, North Carolina (TA-W 80,307A), who
become totally or partially separated from employment on or
after July 20, 2010, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended.”
Signed in Washington, D. C. this 13th day of October, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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