DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,552

NU-KOTE INTERNATIONAL
LASER CARTRIDGE
CHATSWORTH, 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, 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.
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 September 3, 2004 in
response to a petition filed by a company official on behalf of
workers at Nu-kote International, Laser Cartridge, Chatsworth,
California. The workers at the subject firm produced
remanufactured laser toner cartridges.
The investigation revealed that production and employment
at the subject firm decreased during the relevant period under
investigation.
The investigation further revealed a shift of plant
production abroad combined with a likely increase in imported
remanufactured laser toner cartridges in the near future.
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 workers at the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to China of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:














"All workers of Nu-kote International, Laser Cartridge,
Chatsworth, California who became totally or partially
separated from employment on or after August 25, 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."
"I further determine that all workers of Nu-kote
International, Laser Cartridge, Chatsworth, California are
denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 6th day of October, 2004.

/s/ Elliott S. Kushner

_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance