DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,265

RAINBOW DISPLAYS, INC.
ENDICOTT, NEW YORK

Negative Determinations 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 February 17, 2004 in
response to a petition filed by on behalf of workers of Rainbow
Displays, Inc., Endicott, New York. The workers were engaged in
marketing, development and preproduction (prototypes) of thirty-
seven inch tiled liquid crystal flat panel displays. The workers
are not separately identifiable by product line.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that prototype tiled liquid crystal
flat panel displays produced at the subject plant was for internal
use only and was not mass produced for customers.
The investigation revealed no increase in company imports of
tiled liquid crystal flat panel displays, nor did they transfer
production to a foreign country during the period under
investigation.
The Department of Labor did not conduct a customer survey of
declining customers because the prototype tiled liquid crystal
flat panel displays were not sold to outside sources.

Conclusion
After careful review, I determine that all workers of Rainbow
Displays, Inc., Endicott, New York are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C., this 13th day of April, 2004.

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