DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,453

AGILENT TECHNOLOGIES, INC.
MANUFACTURING TEST BUSINESS UNIT
LOVELAND, COLORADO

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 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
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 9, 2004 in response
to a petition filed on behalf of workers of Agilent Technologies,
Inc., Manufacturing and Test Business Unit, Loveland, Colorado
engaged in activities related to the PL-80 product line. The
workers of the subject division are separately identifiable as
workers engaged in the production of the PL-80 product line: 3070
electrical inspection testers, 5DX X-ray inspection testers, SP-SJ
50 automated optical inspection tester support services and
Manufacturing Test Information Systems software.
The investigation revealed that criteria (a) (2) (A) (I.B) and
(a) (2) (A) (II.B) were not met for workers engaged in the
production of 3070 electrical inspection testers.
The investigation revealed that there was no production of
3070 electrical inspection testers at the subject facility in 2002
or 2003. Production of this product was shifted to abroad in 2001.
The investigation also revealed that criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.B) were not met for workers engaged in the
production of the 5DX X-ray inspection testers.
The subject firm did not import 5DX X-ray inspection testers
or shift production of 5DX X-ray inspection testers to a foreign
country during the period under investigation. The investigation
revealed that the subject division shifted production of 5DX X-ray
inspection testers to another U.S. firm in August 2003. Production
did not decline prior to the shift and is increasing at the new
location.
Workers related to the SJ-SP 50 automated optical inspection
tester support services and Manufacturing Test Information Systems
software activities at the subject facility 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.
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.
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 Agilent
Technologies, Inc., Manufacturing Test Business Unit, Loveland,
Colorado engaged in activities related to the PL-80 product line
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 28th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance