DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,089

SUN MICROSYSTEMS
AUSTIN, TEXAS

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 investigation was initiated on January 27, 2004 in
response to a petition filed on behalf of workers at Sun
Microsystems, Austin, Texas. Workers were engaged in the
quality assurance of software.
The workers of this firm or subdivision do not produce
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. Additionally, 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 facility.
Conclusion
After careful review, I determine that all workers of
Sun Microsystems, Austin, Texas are denied eligibility to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974.

Signed in Washington, D. C. this 5th day of March 2004.

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