Petitioner Type: State
Impact Date: 03/15/2018
Filed Date: 03/18/2019
Most Recent Update: 05/24/2019
Determination Date: 05/24/2019
Expiration Date: 05/24/2021
Employment and Training Administration
TA-W-94,632
GIGAMEDIA ACCESS CORPORATION
QUALITY ASSURANCE DIVISION
HERNDON, VIRGINIA
Certification 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.
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 have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on March 18, 2019 by the state workforce office on behalf
of workers of Gigamedia Access Corporation, Quality Assurance
Division, Herndon, Virginia (Gigamedia-Quality Assurance).
The workers' firm is engaged in activities related to the supply
of computer content protection and authentication services.
The subject worker group (Gigamedia-Quality Assurance)
does not include on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and the petition.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Gigamedia-Quality
Assurance become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the supply of a(n) service
like or directly competitive with the service supplied by the
subject workers which contributed importantly to worker group
separations at Gigamedia-Quality Assurance.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gigamedia-Quality
Assurance, 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 Gigamedia Access Corporation, Quality
Assurance Division, Herndon, Virginia, who became totally
or partially separated from employment on or after March
15, 2018 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 24th day of May 2019.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance