DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,221

ERICSSON WIRELESS COMMUNICATIONS
SAN DIEGO, CALIFORNIA

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 29, 2002 in
response to a petition filed by the company on behalf of workers
at Ericsson Wireless Communications, San Diego, California. The
workers produce base station controllers, and also provide
engineering and development services. The workers are
separately identifiable by product line.
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 base station controllers nor did it shift production of
base station controllers abroad during the relevant period.
Furthermore, the investigation revealed that production from the
subject firm was shifted domestically to another Ericsson
manufacturing facility.
Additionally, the investigation revealed that the workers
providing engineering and development services of the subject
firm do not produce an article within the meaning of Section
222(a) of the Trade Act of 1974. The reduction in demand for
services must originate at a production facility whose workers
independently meet the statutory criteria for certification, and
the reduction must directly relate to the product impacted by
imports. These conditions have not been met for engineering and
development service workers at this firm.
Conclusion
After careful review, I determine that all workers of
Ericsson Wireless Communications, San Diego, California, 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 2nd day of January 2003.



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