Denied
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TAW-55391  /  eMag Solutions, LLC (Graham, TX)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/05/2004
Most Recent Update: 08/31/2004
Determination Date: 08/31/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,391

EMAG SOLUTIONS, LLC
GRAHAM, TEXAS

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 August 5, 2004, in response
to a petition filed by on behalf of workers of eMag Solutions, LLC,
Graham, Texas. Workers at the subject firm produce 3480 and 3490E
magnetic tape cartridges and are separately identifiable by
product.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) were not met.
Workers producing magnetic computer tape separated from
employment at eMag Solutions, LLC, Graham, Texas, were certified
eligible to apply for trade adjustment assistance under petition
number TA-W-41,696, which expired August 22, 2004.
The investigation revealed that employment at the subject firm
did not decline since the expiration of the previous certification,
nor is there a threat of decline in employment.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that workers of eMag Solutions, LLC,
Graham, Texas, engaged in employment related to the production of
3480 and 3490E magnetic tape cartridges, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C., this 31st day of August 2004

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance