Denied
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TAW-40097  /  Ismeca USA (Vista, CA)

Petitioner Type: Company
Impact Date:
Filed Date: 09/24/2001
Most Recent Update: 01/09/2002
Determination Date: 01/09/2002
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,097

ISMECA, USA
VISTA, CALIFORNIA

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 subdivision have decreased absolutely; and

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

The investigation was initiated on September 24, 2001, in response to a petition filed by the company on behalf of workers at ISMECA, USA, Vista, California. The workers produce semiconductor machinery.

The investigation revealed that criterion (3) has not been met.
The investigation revealed that the subject firm has transferred a portion of the production of semiconductor machinery overseas. Other findings of the investigation show that ISMECA USA not imported any articles like or directly competitive with the machinery produced at the Vista, California plant.
Conclusion
After careful review, I determine that all workers at ISMECA, USA, Vista, California, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.


Signed in Washington, D.C. this 9th day of January, 2002


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