DEPARTMENT OF LABOR

Employment and Training Administration

BUSINESS CONFIDENTIAL

TA-W-53,777

THERMO ELECTRON
MATERIALS AND MINERALS DIVISION
SAN DIEGO, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated December 11, 2003 in response
to a petition filed by a company official on behalf of workers of
Thermo Electron, Materials and Minerals division, San Diego,
California. Workers at the subject firm produce instrumentation
for safety, pollution control, and process control. Workers at the
subject firm are not separately identifiable by product line.
The investigation revealed the preponderance of declines in
employment at the subject firm is related to a shift in production
of instrumentation for safety, pollution control, and process
control to the United Kingdom and Australia.
Moreover, the investigation revealed that imports of
instrumentation for safety, pollution control, and process control
are likely to increase.
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 assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the

Department must consider under Section 246 of the Trade Act are:

1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not been
met.
The investigation revealed that the workers of the subject
firm possess skills that are easily transferable.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Thermo Electron, Materials and Minerals
division, San Diego, California who became totally or
partially separated from employment on or after December 8,
2002 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974;"
and
"I further determine that all workers of Thermo Electron,
Materials and Minerals division, San Diego, California are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 31st day of December 2003


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