DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,592

ADVANTEK, INC
A SUBSIDIARY OF SIEGEL-ROBERT, INC
MINNETONKA, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on September 13, 2004 in
response to a petition filed by a state agency representative on
behalf of workers of Advantek Inc., a subsidiary of Siegel-Robert,
Inc., Minnetonka, Minnesota. The workers of the subject firm
produce semiconductor carrier tape.
The investigation revealed that criteria (a)(2)(A)(I.B), (a)
(2)(A) (I.C), and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of
semiconductor carrier tape increased in 2003 when compared to 2002
and increased again during the period of January through August of
2004 when compared to the same period in 2003.
The investigation further revealed that most of the sales of
the subject firm are to the export market and thus not affected by
imports.
The preponderance of declines in employment at the subject
facility is attributable to ongoing shifts in production of
semiconductor carrier tape to Taiwan and the Philippines and a
scheduled shift in production to China. These three countries are
not, however, party to free trade agreements with the United States
or beneficiary countries under the Andean Trade Preference Act,
African Growth and Opportunity Act, or Caribbean Basin Economic
Recovery Act. Additionally there has not been, nor is there likely
to be, an increase in imports of semiconductor carrier tape
following the transfer of production.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
Advantek Inc., a subsidiary of Siegel-Robert, Inc., Minnetonka,
Minnesota are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 24th day of September 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance