DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,278

AGILENT TECHNOLOGIES
MANUFACTURING TEST BUSINESS UNIT
LOVELAND, COLORADO

Negative Determinations 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, 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 July 20, 2004 in response
to a petition filed by workers producing the 5DX X-Ray inspection
machine at Manufacturing Test Business Unit, Agilent Technologies,
Loveland, Colorado.
Workers in the Manufacturing Test Business Unit (including the
current petitioning group producing 5DX X-Ray inspection machines)
at Agilent Technologies, Loveland, Colorado were denied eligibility
to apply for adjustment assistance on April 28, 2004 (TA-W-54,453).
This investigation revealed that criteria I.C and II.B have
not been met.
All worker separations were caused by a transfer of the
production of 5DX X-Ray inspection machines to other domestic
workers, employed by an unaffiliated firm, manufacturing the
machines at the same location. Subsequent to the April 28, 2004
denial of eligibility cited above, the production of the machines
in question has continued to be performed at the Loveland site by
workers not employed by Agilent. Production of the machines has
not declined. No shift of production to a foreign site has
occurred.
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 producing
the 5DX X-Ray Inspection Machine at the Manufacturing Test
Business Unit, Agilent Technologies, Loveland, Colorado 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 5th day of August 2004.

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