Petitioner Type: Workers
Impact Date:
Filed Date: 10/09/2001
Most Recent Update: 04/25/2002
Determination Date: 04/25/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,161
JVC DIGITAL IMAGE TECHNOLOGY CENTER
CARLSBAD, 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.
The investigation was initiated in response to a petition
received on October 9, 2001, and filed on behalf of workers at
JVC Digital Image Technology Center, Carlsbad, California. The
workers performed repairs and maintenance services on TV
projection systems.
The investigation revealed that the workers of the subject
firm do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U.S.
Court of Appeals.
Workers at the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm other wise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of JVC
Digital Image Technology Center, Carlsbad, California, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed at Washington, D.C., this 25TH day of April, 2002.
/S/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,161
JVC DIGITAL IMAGE TECHNOLOGY CENTER
CARLSBAD, 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.
The investigation was initiated in response to a petition
received on October 9, 2001, and filed on behalf of workers at
JVC Digital Image Technology Center, Carlsbad, California. The
workers performed repairs and maintenance services on TV
projection systems.
The investigation revealed that the workers of the subject
firm do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U.S.
Court of Appeals.
Workers at the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm other wise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of JVC
Digital Image Technology Center, Carlsbad, California, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed at Washington, D.C., this 25TH day of April, 2002.
/S/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance