DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,284

ADC TELECOMMUNICATIONS
SYSTEMS INTEGRATION DIVISION
(INCLUDING LEASED WORKERS FROM TPS STAFFING
AND APPLE ONE)
CHICKAMAUGA, GEORGIA

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, 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 March 24, 2003, in
response to a petition filed on behalf of workers of ADC
Telecommunications, Systems Integration Division, Chickamauga,
Georgia. The workers produce cable assemblies and "rack and
stack" accessories used in the telecommunications field.
The investigation revealed that Criteria I.C and II.B are
not met.
The subject firm has not increased its imports of cable
assemblies and "rack and stack" accessories, nor has it shifted
production of those articles to any offshore location.

The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
cable assemblies and "rack and stack" accessories used in the
telecommunications field during 2001, 2002, and from January
through March 2003 over the corresponding 2002 period. The
survey revealed that major customers did not increase their
purchases of imported cable assemblies and "rack and stack"
accessories, while decreasing their purchases from the subject
firm during the relevant time period.
Conclusion
After careful review, I determine that all workers of ADC
Telecommunications, Systems Integration Division, Chickamauga,
Georgia, and leased workers of TPS Staffing and Apple One
working at ADC Telecommunications, Systems Integration Division,
Chickamauga, Georgia, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 8th day of May 2003.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance