Petitioner Type: State
Impact Date: 05/27/2021
Filed Date: 05/31/2022
Most Recent Update: 06/16/2022
Determination Date: 06/16/2022
Expiration Date: 06/16/2024
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,313
TE CONNECTIVITY
MEASUREMENT SPECIALTIES
ANDOVER, MINNESOTA
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 May 27, 2022, and
filed on May 31, 2022, by a state workforce office on behalf of
former workers of TE Connectivity, Measurement Specialties,
Andover, Minnesota (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 worker group is engaged in activities related to the
production of temperature sensors.
The petitioners allege that worker separations, or threats
thereof, were due to "80% of components assembled at this site
will transfer to a plant in Hermosillo, Mx."
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 a shift in
production of temperature sensors to a foreign country that is
party to a free trade agreement with the United States has
occurred.
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).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
The Department has further determined that Section
246(a)(3)(A)(ii)(II) has not been met. The investigation
revealed that the workers in the workers' firm possess skills
that are easily transferable to other jobs within the workers'
region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TE Connectivity,
Measurement Specialties, Andover, Minnesota, who are engaged in
activities related to the production of temperature sensors,
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 TE Connectivity, Measurement Specialties,
Andover, Minnesota, who became totally or partially
separated from employment on or after May 27, 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 TE Connectivity, Measurement
Specialties, Andover, Minnesota 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 16th day of June, 2022
/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance