DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,343

Q MEDIA SERVICES
WESTBOROUGH, MASSACHUSETTS

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 27, 2003 in response
to a petition filed by the Trade Adjustment Assistance (TAA)
Coordinator from Massachusetts on behalf of workers at Q-Media,
Westborough, Massachusetts. The workers assembled software kits.
The investigation revealed that criteria (I.C) and (II.B)
were not met.
The investigation revealed that the subject firm did not
import assembled software kits during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major customer regarding their purchases of assembled
software kits during 2001, 2002 and January - March 2002 and
January - March 2003. The survey revealed that the major customer
did not purchase software kits assembled in a foreign country
during the relevant period.
Furthermore, the investigation revealed that the subject firm
did not shift production of assembled software kits abroad during
the relevant period. Plant production was transferred to other
domestic locations.




Conclusion
After careful review, I determine that all workers of Q-Media,
Westborough, Massachusetts are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 21st day of April, 2003.

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