Petitioner Type: Workers
Impact Date:
Filed Date: 06/10/2002
Most Recent Update: 09/19/2002
Determination Date: 09/19/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,639
SONY ELECTRONICS
PROCUREMENT DIVISION
SAN DIEGO, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 May 20, 2002 and filed on behalf of workers at Sony
Electronics Inc., Procurement Division, San Diego, California. The
workers provided administrative support to an affiliated foreign
manufacturing facility producing televisions, set-top boxes, and
computer monitors.
The investigation revealed that the workers of Sony
Electronics Inc., Procurement Division, San Diego, California 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.
Therefore, workers of may be certified only if their separation was
caused importantly by a reduced demand for their services from a
parent firm, a firm otherwise related to the subject firm by
ownership, or a firm related by control. In any case, 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 Sony Electronics Inc., Procurement Division, San Diego,
California.
Conclusion
After careful review, I determine that all workers of Sony
Electronics Inc., Procurement Division, San Diego, California are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of September, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,639
SONY ELECTRONICS
PROCUREMENT DIVISION
SAN DIEGO, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 May 20, 2002 and filed on behalf of workers at Sony
Electronics Inc., Procurement Division, San Diego, California. The
workers provided administrative support to an affiliated foreign
manufacturing facility producing televisions, set-top boxes, and
computer monitors.
The investigation revealed that the workers of Sony
Electronics Inc., Procurement Division, San Diego, California 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.
Therefore, workers of may be certified only if their separation was
caused importantly by a reduced demand for their services from a
parent firm, a firm otherwise related to the subject firm by
ownership, or a firm related by control. In any case, 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 Sony Electronics Inc., Procurement Division, San Diego,
California.
Conclusion
After careful review, I determine that all workers of Sony
Electronics Inc., Procurement Division, San Diego, California are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of September, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance