Denied
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TAW-50008  /  Storage Technology Corp. (Brooklyn Park, MN)

Petitioner Type: Workers
Impact Date:
Filed Date: 11/05/2002
Most Recent Update: 12/19/2002
Determination Date: 12/19/2002
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,008

STORAGE TECHNOLOGY CORPORATION
MINNEAPOLIS RESEARCH & DEVELOPMENT CENTER
BROOKLY PARK, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker 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
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 November 5, 2002 in
response to a petition filed on behalf of workers at Storage
Technology Corporation, Minneapolis Research & Development Center,
Brooklyn Park, Minnesota. The workers produce computer hardware
(StorageNet 6000, referred to as the SN6000).
The investigation revealed that criterion (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Sales and production at the subject firm increased in 2001
compared with 2000, and during January through November 2002
compared to the same time period in 2001.
Evidence revealed that the declines in employment are related
to plant production of computer hardware (SN6000) being outsourced
to other domestic facilities.
The investigation also revealed that the subject firm did not
import SN6000, nor did they transfer production to a foreign
country.
Conclusion
After careful review, I determine that all workers of Storage
Technology Corporation, Minneapolis Research & Development Center,
Brooklyn Park, Minnesota engaged in employment related to the
production of computer hardware for StorageNet 6000, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 19th day of December, 2002

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance