Petitioner Type: State
Impact Date: 09/14/2003
Filed Date: 09/15/2004
Most Recent Update: 09/29/2004
Determination Date: 09/29/2004
Expiration Date: 09/29/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,609
CHICAGO MINIATURE OPTO ELECTRONICS TECHNOLOGIES, INC.
NEWTON, NEW JERSEY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 15, 2004 in
response to a petition filed by a State agency representative on
behalf of workers at Chicago Miniature Opto Electronics
Technologies, Inc., Newton, New Jersey. Workers at the subject firm
produce steel molds and plastic molded parts, and workers are
separately identifiable by either steel molds, or plastic parts.
The present investigation is solely concerned with the workers
producing steel molds.
The investigation revealed that sales and employment declined
during the period of January through August 2004, when compared to
the same period in 2003.
The preponderance in the declines in employment at the
subject firm is related to a shift in production of steel molds to
a country (Singapore) that is a party to a free trade agreement
with the United States.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Singapore of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"Workers of Chicago Miniature Opto Electronics Technologies,
Inc., Newton, New Jersey, engaged in the production of steel
molds, who became totally or partially separated from
employment on or after September 14, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 29th day of September, 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance