DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,378

SILVEX, INC.
WESTBROOK, MAINE

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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied if
the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 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 (or subdivision) 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 (or
subdivision) 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
term "Downstream Producer" as "a firm that performs additional,
value-added production processes for a firm or subdivision,
including a firm that performs final assembly or finishing,
directly for another firm (or subdivision), for article that were
the basis for a certification of eligibility under subsection (a)
[of Section 222 of the Act] of a group of workers employed by such
other firm, if the certification of eligibility under subsection
(a) is based on an increase in imports from, or a shift in
production to, Canada or Mexico."
The investigation was initiated in response to a petition
filed on June 17, 2014 by the Maine State Workforce Office on
behalf of workers of Silvex, Inc., Westbrook, Maine. The workers'
firm engages in electroplating and surface finishing for customers.
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 in such workers' firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(b)(2) has been met because Silvex is 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), based on an increase in imports from, or
a shift in production to, Canada or Mexico, and Sivex's production
is related to the actual finished article that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Silvex with the aforementioned firm contributed
importantly to worker separations at Silvex.
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 have been 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).

Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers 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 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 Silvex, Inc., Westbrook,
Maine, who are engaged in activities related electroplating and
surface finishing meet the worker group certification criteria
under 222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Silvex, Inc., Westbrook, Maine, who became
totally or partially separated from employment on or after
June 16, 2013, 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 29th day of July 2014.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance