Petitioner Type: Workers
Impact Date:
Filed Date: 11/26/2001
Most Recent Update: 01/02/2002
Determination Date: 01/02/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,368
SEH-AMERICA
VANCOUVER, WASHINGTON
Notice of Negative Determination
Regarding Application for Reconsideration
By application received February 26, 2002, the petitioner,
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 2,
2002 and published in the Federal Register on January 11, 2002
(67 FR 1511).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at SEH-America,
Vancouver, Washington engaged in the production of polished
silicon wafers (6 & 8 inch), was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The subject firm
did not import 6-inch silicon wafers produced by SEH-America at
Vancouver, Washington. The subject firm has always imported 8-
inch wafers (a different product entirely), but company imports
of that item have been declining in recent years.
The investigation further revealed that the subject firm
intended to shift some 6-inch wafer production offshore, and in
the future import the product back into the U.S. for sale and
distribution in this country. The move, however, was scheduled
for later in 2002.
The petitioner alleges that another company was certified
under NAFTA-Transitional Adjustment (NAFTA-TAA) when that company
shifted their production to Mexico and thus feels that a shift in
6-inch wafer production by the subject firm to Malaysia should
qualify the workers of SEH-America, Vancouver, Washington
eligible to apply for TAA.
Under NAFTA-TAA, a shift in subject plant production to
Mexico or Canada normally meets the eligibility requirements.
However, under TAA a shift in plant production to any foreign
source is not relevant to meeting the eligibility requirement of
Section 222(3) of the Trade Act of 1974. Imports "like or
directly competitive" with what the subject plant produced must
"contribute importantly" to the layoffs at the subject firm. The
imports must be entering the Untied States during the relevant
period.
A review of the initial decision shows that imports of the
6-inch wafers were not scheduled to begin arriving until mid-
2002, well beyond the relevant period of the investigation. The
workers were advised to submit a new petition during the relevant
period of time the 6-inch wafers were scheduled to arrive into
the United States from Malaysia.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 30th day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,368
SEH-AMERICA
VANCOUVER, WASHINGTON
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
eligibility 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 November 26, 2001 in
response to a petition filed on behalf of workers at SEH-America,
Vancouver, Washington. The workers are engaged in the
manufacture of polished silicon wafers.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that there were no company im-
ports of articles like or directly competitive with the 6-inch
silicon wafers produced by SEH-America at Vancouver, Washington.
The subject firm has always imported 8-inch wafers (a different
product entirely), but company imports of that item have been
declining in recent months.
The investigation further revealed that the subject firm
intends to shift some 6-inch wafer production offshore, and in
the future import the product back into the U.S. for sale and
distribution in this country. That move, however, is scheduled
for later in 2002, and petitioners have been advised to re-submit
another petition for trade adjustment assistance at the
appropriate time.
Conclusion
After careful review, I determine that all workers of SEH-
America, Vancouver, Washington, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed at Washington, D.C., this 2nd day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,368
SEH-AMERICA
VANCOUVER, WASHINGTON
Notice of Negative Determination
Regarding Application for Reconsideration
By application received February 26, 2002, the petitioner,
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 2,
2002 and published in the Federal Register on January 11, 2002
(67 FR 1511).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at SEH-America,
Vancouver, Washington engaged in the production of polished
silicon wafers (6 & 8 inch), was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The subject firm
did not import 6-inch silicon wafers produced by SEH-America at
Vancouver, Washington. The subject firm has always imported 8-
inch wafers (a different product entirely), but company imports
of that item have been declining in recent years.
The investigation further revealed that the subject firm
intended to shift some 6-inch wafer production offshore, and in
the future import the product back into the U.S. for sale and
distribution in this country. The move, however, was scheduled
for later in 2002.
The petitioner alleges that another company was certified
under NAFTA-Transitional Adjustment (NAFTA-TAA) when that company
shifted their production to Mexico and thus feels that a shift in
6-inch wafer production by the subject firm to Malaysia should
qualify the workers of SEH-America, Vancouver, Washington
eligible to apply for TAA.
Under NAFTA-TAA, a shift in subject plant production to
Mexico or Canada normally meets the eligibility requirements.
However, under TAA a shift in plant production to any foreign
source is not relevant to meeting the eligibility requirement of
Section 222(3) of the Trade Act of 1974. Imports "like or
directly competitive" with what the subject plant produced must
"contribute importantly" to the layoffs at the subject firm. The
imports must be entering the Untied States during the relevant
period.
A review of the initial decision shows that imports of the
6-inch wafers were not scheduled to begin arriving until mid-
2002, well beyond the relevant period of the investigation. The
workers were advised to submit a new petition during the relevant
period of time the 6-inch wafers were scheduled to arrive into
the United States from Malaysia.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 30th day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,368
SEH-AMERICA
VANCOUVER, WASHINGTON
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
eligibility 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 November 26, 2001 in
response to a petition filed on behalf of workers at SEH-America,
Vancouver, Washington. The workers are engaged in the
manufacture of polished silicon wafers.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that there were no company im-
ports of articles like or directly competitive with the 6-inch
silicon wafers produced by SEH-America at Vancouver, Washington.
The subject firm has always imported 8-inch wafers (a different
product entirely), but company imports of that item have been
declining in recent months.
The investigation further revealed that the subject firm
intends to shift some 6-inch wafer production offshore, and in
the future import the product back into the U.S. for sale and
distribution in this country. That move, however, is scheduled
for later in 2002, and petitioners have been advised to re-submit
another petition for trade adjustment assistance at the
appropriate time.
Conclusion
After careful review, I determine that all workers of SEH-
America, Vancouver, Washington, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed at Washington, D.C., this 2nd day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance