DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,448

GENERAL DYNAMICS ITRONIX COROPORATION
A SUBSIDIARY OF GENERAL DYNAMICS CORPORATION
INCLUDING REMOTE WORKERS REPORTING TO
SUNRISE, FLORIDA

Notice of Revised Determination
on Reconsideration

On June 22, 2012, the Department of Labor issued a Notice of
Affirmative Determination Regarding Application for Reconsideration
applicable to workers and former workers of General Dynamics Itronix
Corporation, a subsidiary of General Dynamics Corporation, Sunrise,
Florida (subject firm). The workers’ firm is engaged in activities
related to the supply of program management services for rugged
laptop computers and rugged mobile devices. The worker group
includes remote workers reporting to Sunrise, Florida.
Based on information provided during the reconsideration
investigation, the Department determines that worker separations at
the subject firm are related to increased imports of articles which
are produced using services supplied by the subject firm.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in General Dynamics Itronix Corporation,
Sunrise, Florida have become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production by General Dynamics Itronix Corporation, Sunrise, Florida
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because company imports of
articles like or directly competitive with those which are/were
produced by using the services supplied by workers of General
Dynamics Itronix Corporation, Sunrise, Florida have increased during
the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased company imports contributed importantly to the worker group
separations and sales/production declines at General Dynamics Itronix
Corporation, Sunrise, Florida.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of General Dynamics Itronix
Corporation, a subsidiary of General Dynamics Corporation, including
remote workers reporting to, Sunrise, Florida, who are/were engaged
in employment related to the supply of program management services
for rugged laptop computers and rugged mobile devices, meet the
worker group certification criteria under Section 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 General Dynamics Itronix Corporation, a
subsidiary of General Dynamics Corporation, including remote
workers reporting to, Sunrise, Florida, who became totally or
partially separated from employment on or after March 23, 2011,
through two years from the date of certification, and all workers
in the group threatened with total or partial separation from
employment on the date of certification 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.”
Signed in Washington, D.C., this 16th day of July, 2012

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,448

GENERAL DYNAMICS ITRONIX COROPORATION
A SUBSIDIARY OF GENERAL DYNAMICS CORPORATION
INCLUDING REMOTE WORKERS REPORTING TO
SUNRISE, FLORIDA

Negative Determination Regarding Eligibility
To Apply for Worker 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or (e)
of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. § 2282(a)(1)) requires that a significant number or
proportion of the workers in the workers’ firm must have become
totally or partially separated or be threatened with total or
partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the Act,
19 U.S.C. § 2272(a)(2)) may be satisfied in one of two ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced
by the workers’ firm was directly incorporated have
increased; OR
(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers’ firm have increased;
OR
(III) imports of articles directly incorporating component
parts not produced in the U.S. that are like or
directly competitive with the article into which the
component part produced by the workers’ firm was
directly incorporated have increased.
(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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply of
services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like or
directly competitive with those produced/supplied by the
workers’ firm; and
(ii) the shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of a
Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
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) the workers’ firm is a Supplier or Downstream Producer to a
firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm;
or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission as
a member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(e) of the
Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material injury
or threat thereof under section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning on
the date on which--
(A) a summary of the report submitted to the President by
the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register;
and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition filed
on March 26, 2012 by a state workforce office on behalf of workers of
General Dynamix Itronix Corporation, a subsidiary of General Dynamics
Corporation, including remote workers reporting to Sunrise, Florida
(Itronix). The workers’ firm is engaged in activities related to the
supply of program management for rugged laptop computers and rugged
mobile devices.
The petitioner alleges a shift of production work to Taiwan.
During the course of the investigation, information was
collected from the workers’ firm and the firm’s customer.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not increase imports of any
service like or directly competitive with the services supplied by
Itronix. A survey of program management was not conducted because
this service is for internal functions.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
program management for rugged laptop computers and rugged mobile
devices or a like or directly competitive service to a foreign
country or acquire program management for rugged laptop computers and
rugged mobile devices or a like or directly competitive service from
a foreign country.
With respect to Section 222(b)(2) of the Act, the investigation
revealed that Itronix is not a Supplier to a firm that employed a
group of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the investigation
revealed that Itronix does not act as a Downstream Producer to a firm
that employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied either because Criterion (1) has
not been met since the workers’ firm has not been publically
identified by name by the International Trade Commission as a member
of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or material
injury, or threat thereof.



Conclusion
After careful review of the facts obtained in the investigation,
I determine that the requirements of Section 222 of the Act, 19
U.S.C. § 2272, have not been met and, therefore, deny the petition
for group eligibility of General Dynamix Itronix Corporation, a
subsidiary of General Dynamics Corporation, including remote workers
reporting to Sunrise, Florida engaged in activities related to the
supply of program management for rugged laptop computers and rugged
mobile devices to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 18th day of May, 2012


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


4510-FN-P








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