Petitioner Type: State
Impact Date:
Filed Date: 10/13/2020
Most Recent Update: 12/15/2020
Determination Date: 12/15/2020
Expiration Date:
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,551
FOVEON INCORPORATED
SAN JOSE, CALIFORNIA
Notice of Termination of Investigation for
Trade Adjustment Assistance for Workers
Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated
in response to a Trade Adjustment Assistance for Workers petition dated October 9, 2020 and filed
on October 13, 2020 by a State Workforce Office on behalf of workers and former workers of
Foveon Incorporated, San Jose, California.
20 C.F.R. 618.210(e)(1) states that the Department of Labor may terminate an investigation
if the investigation establishes one of the following: (i) The petition is invalid, which includes
petitions identifying a nonexistent group of workers, filed under false pretenses, or perpetuating
fraud; (ii) The petitioner has withdrawn the petition in writing; (iii) The group of workers identified
in the investigation is the same as a group of workers identified in another pending investigation;
(iv) The group of workers identified in the investigation already has been issued a denial, and the
period of investigation applicable to the current investigation and the previous denial is the same;
or (v) The group of workers identified in the investigation is already covered by a certification that
does not expire within 90 calendar days of the determination.
In this case, the petitioning group of workers is covered by an existing petition TA-
W-96,305 that is the subject of an ongoing investigation for which a determination has not yet
been issued. Further investigation in this case would duplicate efforts and serve no purpose.
Consequently, the investigation has been terminated.
Signed in Washington, D.C., this 15th day of December, 2020
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
/s/ HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-96,551
FOVEON INCORPORATED
SAN JOSE, CALIFORNIA
Notice of Termination of Investigation for
Trade Adjustment Assistance for Workers
Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated
in response to a Trade Adjustment Assistance for Workers petition dated October 9, 2020 and filed
on October 13, 2020 by a State Workforce Office on behalf of workers and former workers of
Foveon Incorporated, San Jose, California.
20 C.F.R. 618.210(e)(1) states that the Department of Labor may terminate an investigation
if the investigation establishes one of the following: (i) The petition is invalid, which includes
petitions identifying a nonexistent group of workers, filed under false pretenses, or perpetuating
fraud; (ii) The petitioner has withdrawn the petition in writing; (iii) The group of workers identified
in the investigation is the same as a group of workers identified in another pending investigation;
(iv) The group of workers identified in the investigation already has been issued a denial, and the
period of investigation applicable to the current investigation and the previous denial is the same;
or (v) The group of workers identified in the investigation is already covered by a certification that
does not expire within 90 calendar days of the determination.
In this case, the petitioning group of workers is covered by an existing petition TA-
W-96,305 that is the subject of an ongoing investigation for which a determination has not yet
been issued. Further investigation in this case would duplicate efforts and serve no purpose.
Consequently, the investigation has been terminated.
Signed in Washington, D.C., this 15th day of December, 2020
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
/s/ HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance