DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,640

3M TOUCH SYSTEMS
A SUBSIDIARY OF 3M
ELECTRO & COMMUNICATION DIVISION
MILWAUKEE, WISCONSIN

Notice of Negative Determination
on Reconsideration

On August 1, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on August 12, 2008 (73 FR
46920).
The initial investigation resulted in a negative
determination based on the finding that imports of touch screens
for mobile phones did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
In the request for reconsideration the company official
provided an additional list of customers who purchased touch
screens from the subject firm.
On reconsideration the Department of Labor surveyed these
customers regarding their purchases of touch screens (including
like or directly competitive products) during 2006, 2007, and
January through June 2008 over the corresponding 2007 period. The
survey revealed no imports of touch screens during the relevant
period.
The petitioner also stated that workers of the subject firm
were previously certified eligible for TAA. The petitioner further
states that if the subject firm “did not attempt to re-position the
business and instead, close entirely in 2007, all the employees
would have been eligible for TAA.” The petitioner seems to allege
that because workers of the subject firm were previously certified
eligible for TAA, the workers of the subject firm should be granted
another TAA certification.
When assessing eligibility for TAA, the Department
exclusively considers import impact during the relevant time
period (from one year prior to the date of the petition).
Therefore, events occurring before 2007 are outside of the
relevant period and are not relevant in this investigation.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of 3M Touch
Systems, a subsidiary of 3M, Electro & Communications Division,
Milwaukee, Wisconsin.
Signed at Washington, D.C. this 23rd day of September, 2008.

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,640

3M TOUCH SYSTEMS
A SUBSIDIARY OF 3M
ELECTRO & COMMUNICATIONS DIVISION
MILWAUKEE, WISCONSIN

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 July 3, 2008, in response
to a petition filed by a company official on behalf of the workers
of 3M Touch Systems, a subsidiary of 3M, Electro & Communications,
Milwaukee, Wisconsin. The workers produce touch screens for mobile
phones.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import touch screens for mobile phones or shift production of those
articles to a foreign country during the relevant period.
The Department of Labor surveyed the subject firm’s major
customer regarding its purchases of products like or directly
competitive with touch screens for mobile phones in 2006, 2007, and
January through June 2008. The survey revealed that there were no
increased import purchases during the relevant period.
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 of the facts obtained during this
investigation, I determine that workers of 3M Touch Systems, a
subsidiary of 3M, Electro & Communications, Milwaukee, Wisconsin,
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 16th day of July 2008

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance




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