DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,557

BATTERY PACK OF AMERICA
TOSHIBA BATTERY CO. LTD
DURHAM, NORTH CAROLINA


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 May 20, 2002 in response
to a petition filed on behalf of workers at Battery Pack of
America, Toshiba Battery Co. LTD, Durham, North Carolina. The
workers are engaged in activity related to the production of
rechargeable battery packs for various handheld electronic
devices. The workers are not separately identifiable by product
line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject company did not
have import purchases of rechargeable battery packs during the
relevant time period.
The investigation further revealed that the decline in
production came as a result of decisions made by the parent
company to cease producing battery packs that became obsolete
within the relevant period, and therefore not competitive with
the changes in battery cell technology needs.



Conclusion
After careful review, I determine that all workers of
Battery Pack of America, Toshiba Battery Co. LTD, Durham, North
Carolina are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 24th day of July, 2002.

/s/ Edward A. Tomchick
________________________________
EDWARD A. TOMCHICK
Director, Division of Trade
Adjustment Assistance