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TAW-98181  /  Sony DADC US Inc. (Terre Haute, IN)

Petitioner Type: State
Impact Date: 01/25/2021
Filed Date: 01/26/2022
Most Recent Update: 04/19/2022
Determination Date: 04/19/2022
Expiration Date: 04/19/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,181

SONY DADC US INC.

A SUBSIDIARY OF SONY CORPORATION OF AMERICA

TERRE HAUTE, INDIANA

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 January 25, 2022 and
filed on January 26, 2022 by a State Workforce Agency, on behalf
of former workers of Sony DADC US Inc., a subsidiary of Sony
Corporation of America, Terre Haute, Indiana (hereafter
referred to as the "worker group" or "Sony DADC US - Terre
Haute"). In accordance with 20 C.F.R. 618.110 a worker group is
defined as, ""¦inclusive of teleworkers and staffed workers."
The workers' firm is engaged in activities related to the
production of optical discs.

The petition alleges that worker separations, or threats
thereof, were due to a shift of production to a foreign country.

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 Sony DADC US - Terre
Haute have become totally or partially separated, or are
threatened to become totally or partially separated.

Section 222(a)(2)(B) has been met because a shift in
production of optical discs by the workers' firm to a foreign
country has occurred and there has been or is likely to be an
increase in imports of articles that are like or directly
competitive with the optical discs which are or were produced at
Sony DADC US - Terre Haute.

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 criterion (II), section
246(a)(3)(A)(ii)(II), has not been met because workers at Sony
DADC US - Terre Haute possess skills that are easily
transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Sony DADC US - Terre
Haute, who are engaged in activities related to the production
of optical discs, 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 Sony DADC US Inc., a subsidiary of Sony
Corporation of America, Terre Haute, Indiana, who became
totally or partially separated from employment on or after
January 25, 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 Sony DADC US Inc., a subsidiary of Sony Corporation of
America, Terre Haute, Indiana, Sony DADC US Inc., are
denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."

Signed in Washington, D. C. this 19th day of April, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance