DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,440

ELO TOUCHSYSTEMS
A SUBSIDIARY OF TYCO ELECTRONICS
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER
BENCHMARK
AND BARRETT
FREMONT, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on August 16, 2004 and filed
by a company official on behalf of workers at Elo TouchSystems, a
subsidiary of Tyco Electronics, Fremont, California. The workers
produced touch screens for computer monitors.
The subject firm leased some of its workers from Manpower,
Benchmark and Barrett, Fremont, California.

The investigation revealed that employment and production at
the subject firm declined in January through July 2004 when
compared to the same period of 2003.
The investigation also revealed that imports of touch screens
by the subject firm increased during the relevant time period.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with the touch screens produced by the
subject firm contributed importantly to the total or partial
separation of workers and to the decline in sales and production at
that firm. In accordance with the provisions of the Act, I make
the following certification:
"Workers of Elo TouchSystems, a subsidiary of Tyco
Electronics, including on-site leased workers from Manpower,
Benchmark and Barrett, Fremont, California, engaged in
activities related to the production of touch screens, who
became totally or partially separated from employment on or
after July 22, 2003, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Elo TouchSystems, a
subsidiary of Tyco Electronics, including on-site leased workers
from Manpower, Benchmark and Barrett, Fremont, California, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 14th day of September. 2004.


/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance