TAW-98075 / AVX Filters Corporation, Sun Valley Filter Division (Sun Valley, CA)
Petitioner Type: Company
Impact Date: 12/13/2021
Filed Date: 10/06/2021
Most Recent Update: 11/19/2021
Determination Date: 11/19/2021
Expiration Date: 11/19/2023
Employment and Training Administration
TA-W-98,075
AVX FILTERS CORPORATION
SUN VALLEY FILTER DIVISION
A SUBSIDIARY OF AVX CORPORATION
SUN VALLEY, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated October 5, 2021 and
filed on October 6, 2021 by a company official, on behalf of
former workers of AVX Filters Corporation, Sun Valley Filters
Division, a subsidiary of AVX Corporation, Sun Valley,
California (hereafter referred to as the "worker group"). In
accordance with 20 C.F.R. 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers."
The workers' firm was previously certified under TA-W-
95,235. The certification expires on December 12, 2021.
The worker group is engaged in activities related to the
production of ceramic based electronic components.
The petition alleges that worker separations, or threats
thereof, were due to "All assembly operations are being
transferred to Mexico and the facility in California is
closing."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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(a)(2)(B) has been met because the firm shifted
production of ceramic based electronic components to a foreign
country that is party to a Free Trade Agreement with the United
States.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department 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 are 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).
The Department has determined that the requirement set
forth within Section 246(a)(3)(A)(ii)(II) have not been met
because workers in the workers' firm possess skills that are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AVX Filters
Corporation, Sun Valley Filters Division, a subsidiary of AVX
Corporation, Sun Valley, California, who are engaged in
activities related to the production of ceramic based electronic
components 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 AVX Filters Corporation, Sun Valley Filters
Division, a subsidiary of AVX Corporation, Sun Valley,
California, who became totally or partially separated from
employment on or after December 13, 2021, 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 I further determine that
all workers of AVX Filters Corporation, Sun Valley Filters
Division, a subsidiary of AVX Corporation, Sun Valley,
California are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended."
Signed in Washington, D. C. this 19th day of November, 2021
/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance