DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,743

HEWLETT PACKARD
BOISE, IDAHO

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 investigation was initiated on September 3, 2003 in
response to a petition filed by the Dislocated Worker Unit of the
Idaho Department of Labor on behalf of workers of Hewlett Packard,
Boise, Idaho. The workers perform administrative functions and
research and development.
The petition alleges that production of inkjet printers at
Boise has been affected by imports. This investigation has
revealed that the Boise facility did not produce inkjet printers,
that the sole article made at the Boise location, ink pens,
occupied a very minor portion of the workforce employed there.
There are no company imports of ink pens and no layoffs of workers
within that worker group. Thus, the petitioning workers of this
firm or subdivision are not significantly engaged in the production
of an article within the meaning of Section 222 of the Act. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, 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 workers at this firm.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.



Conclusion
After careful review, I determine that all workers of
Hewlett Packard, Boise, Idaho are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of September 2003.

/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance