Denied
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TAW-39850  /  Seagate Technology (Shakopee, MN)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/20/2001
Most Recent Update: 12/12/2001
Determination Date: 12/12/2001
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,850

SEAGATE TECHNOLOGY
SHAKOPEE, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or subdi-vision have decreased absolutely; and

(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.


The investigation was initiated on August 20, 2001 in response to a petition filed on behalf of workers at Seagate Technology, Shakopee, Minnesota. The workers were engaged in design work and in the production of test equipment for other affiliated manufactories.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that the reduced levels of design and test equipment production is caused by a diminished demand for such work from affiliated facilities which are outside of the United States. Thus the reductions are in the realm of export sales and shipments. Loss of export sales, and production declines associated with that loss, cannot be used as a basis for certification of this worker group.
Conclusion
After careful review, I determine that all workers of Seagate Technology, Shakopee, Minnesota are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 12th day of December, 2001


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance