[Federal Register: August 26, 2005 (Volume 70, Number 165)]
[Notices]
[Page 50409-50410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au05-142]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,114]
Bourns Microelectronics Modules, Inc., a Subsidiary of Bourns
Inc., New Berlin, WI; Notice of Revised Determination on Remand
On June 29, 2005, the United States Court of International Trade
(USCIT) granted the Department of Labor's motion for voluntary remand
in Former Employees of Bourns Microelectronics Modules, Inc. v. U.S.
Secretary of Labor (Court No. 045-00350).
A petition, dated November 30, 2004, for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) was
filed on behalf of workers and former workers of MMC Bidding, Inc.,
Division of Bourns, New Berlin, Wisconsin. The investigation revealed
that the workers previously worked for Microelectronics Modules
Corporation (MMC), New Berlin, Wisconsin and that the workers'
employment with MMC was terminated when Bourns acquired the assets of
MMC on October 30, 2003. The investigation also revealed that the
Department granted a certification for the former workers of MMC (TA-W-
42,217; expired December 6, 2004).
On December 27, 2004, the investigation for the case at hand was
terminated because it was believed that the workers were covered by the
previous certification for MMC (TA-W-42,217). (The Department had also
terminated another investigation for a previous petition for the same
location (TA-W-54,790) on June 4, 2004 because the Department found
that the workers were covered by the certification for MMC (TA-W-
42,217)). The Department's Notice of Termination of Investigation for
this case was published in the Federal Register (70 FR 3732).
By letter dated January 14, 2005, the petitioner requested
administrative reconsideration, stating that the workers were hired by
and then separated from Bourns, that the petitioner helped ship
machines and documentation to, and provided training to persons in
Costa Rica, China and Taiwan, and that parts were being imported to
satisfy customers' demands.
By letter dated March 10, 2005, the petitioner's request for
reconsideration was dismissed based on the finding that no new facts of
a substantive nature which would bear importantly on the Department's
determination was provided by the petitioner. On March 11, 2005, the
Dismissal of Application
[[Page 50410]]
for Reconsideration was issued. The Department's Notice of Dismissal
was published in the Federal Register on March 22, 2005 (70 FR 14483).
On May 3, 2005, the petitioner filed an appeal with the USCIT. In
the appeal, the petitioner suggested that the workers were engaged in
production during their employment with Bourns and alleged that they
were separated from Bourns in May 2004 when the facility closed due to
the shift of production to China, Taiwan and Costa Rica.
In its June 29, 2005 Order, the USCIT granted the Department's
motion for a voluntary remand for further investigation and directed
the Department to determine whether the subject worker group met the
criteria set forth in the Trade Act of 1974 for TAA and ATAA
certification.
During the remand investigation, the Department contacted a Bourns
official to ascertain whether the workers were employees of Bourns
Microelectronics Modules, Inc., (BMMI), whether the workers were
engaged in production of computer modules during their employment with
BMMI and if so, whether computer module production shifted abroad, and
whether there were increased imports of computer modules during the
relevant period.
The remand investigation revealed that the subject company did not
acquire the subject facility until December 3, 2003 and that the
subject workers were separated from BMMI, a subsidiary of Bourns, Inc.,
when the subject company shifted a meaningful portion of computer
module production from the subject facility to Costa Rica.
Under Section 113 of the Trade Adjustment Assistance Reform Act of
2002 (PL 107-210), workers may be eligible to apply for TAA services if
they were laid off as a result of increased imports or if their
companies shifted production out of the United States to certain
foreign countries. Workers laid off as a result of a shift in
production to a country that is party to a free trade agreement with
the United States, or a country that is named as a beneficiary under
the Andean Trade Preference Act, the African Growth and Opportunity Act
or the Caribbean Basin Economic Recovery Act, may satisfy TAA
certification criteria. Since Costa Rica is a named beneficiary under
the Caribbean Basin Economic Recovery Act, the shift of computer module
production from the subject facility to Costa Rica satisfies the
criteria for TAA certification.
A careful review of the record revealed that all criteria regarding
ATAA for the subject worker group have been met. A significant number
or proportion of the worker group are age fifty years or over, the
workers possess skills that are not easily transferable and competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the remand
investigation, I conclude that there was a shift in production from the
workers' firm or subdivision to Costa Rica 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:
All workers of Bourns Microelectronics Modules, Inc., A
Subsidiary of Bourns, Inc., New Berlin, Wisconsin, who became
totally or partially separated from employment on or after December
3, 2003, through two years from the issuance of this revised
determination, are eligible to apply for Trade 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 at Washington, DC, this 16th day of August, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4670 Filed 8-25-05; 8:45 am]
BILLING CODE 4510-30-P