Chen v. Chao, (2008)

United States Court of International Trade

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Chen v. Chao, (2008)

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UNITED STATES COURT OF INTERNATIONAL TRADE

BAO ZHU CHEN, MEI YUN ZHENG, and CONNIE CHEN, FORMER EMPLOYEES OF ADVANCED ELECTRONICS, INC.,

Plaintiffs, v.

ELAINE L. CHAO, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR,

Defendant.

OPINION AND ORDER

[Remanding to United States Department of Labor its determination denying eligibility for benefits under the Trade Adjustment Assistance and Alternative Trade Adjustment Assistance programs.]

Dated: November 18, 2008 Greater Boston Legal Services (Cynthia Mark and Monica Halas) for plaintiffs. Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Meredyth Cohen Havasy); R. Peter Nessen, Office of the Solicitor, United States Department of Labor, of counsel, for defendant.

Stanceu, Judge: Plaintiffs, three former employees of Advanced Electronics, Inc., contest a determination by the United States Department of Labor ("Labor" or the "Department") denying them eligibility for benefits under the Trade Adjustment Assistance ("TAA") and Alternative Trade Adjustment Assistance ("ATAA") programs administered under Title II of the Trade Act of 1974, as amended (the "Act"). 19 U.S.C. §§ 2271-2321, 2395 (Supp. V 2005).

Before: Timothy C. Stanceu, Judge

Court No. 06-00337

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The Department concluded that the employees did not meet statutory eligibility requirements, based on its finding that plaintiffs' separations from employment at Advanced Electronics, Inc. ("Advanced Electronics," "AEI," or the "Company"), which previously manufa...

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