Petitioner Type: State
Impact Date: 07/19/2018
Filed Date: 07/22/2019
Most Recent Update: 08/15/2019
Determination Date: 08/15/2019
Expiration Date: 08/15/2021
Employment and Training Administration
TA-W-95,005
COMMSCOPE TECHNOLOGIES, LLC
A WHOLLY-OWNED SUBIDIARY OF COMMSCOPE INC.
A WHOLLY-OWNED SUBSIDIARY OF COMMSCOPE HOLDING COMPANY, INC.
FOREST, 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 July 22, 2019, by the Commonwealth of Virginia on behalf
of workers and former workers of CommScope Technologies, LLC, a
wholly-owned subsidiary of CommScope Inc., a wholly-owned
subsidiary of CommScope Holding Company, Inc., Forest, Virginia
(CommScope-Forest Facility). Workers of CommScope-Forest Facility
are engaged in activities related to the production of printed
circuit board assemblies for base station antenna products. The
worker group (CommScope-Forest Facility) does not include on-site
leased workers.
During the course of the investigation, information was
collected from the petitioner and the workers' firm. The petition
included internal press releases and segments from the firm's
2018 annual report.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in CommScope-Forest Facility have
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 production of a(n) article
like or directly competitive with the article produced by the
workers which contributed importantly to worker group
separations at CommScope-Forest Facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CommScope-Forest
Facility, who are engaged in activities related to the production
of printed circuit board assemblies for base station antenna
products, 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 CommScope Technologies, LLC, a wholly-owned
subsidiary of CommScope Inc., a wholly-owned subsidiary of
CommScope Holding Company, Inc., Forest, Virginia, who became
totally or partially separated from employment on or after
July 19, 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 15th day of August 2019.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance