DEPARTMENT OF LABOR
TA-W-55,787

BEA SYSTEMS, INC
LIBERTY CORNER, NEW JERSEY

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 investigation was initiated on October 14, 2004 in
response to a petition filed by a state agency
representative on behalf of workers of BEA Systems, Inc.,
Liberty Corner, New Jersey. The workers were engaged in
software development and related engineering services
pertaining to a software platform called "Tuxedo."
The investigation revealed that BEA Systems, Inc.,
Liberty Corner, New Jersey does not produce an article
within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there
must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate
subdivision. The petitioning group of workers does not
support a firm or appropriate subdivision that produces an
article domestically and thus the worker group can not be
considered import impacted or affected by a shift in
production of an article.
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
BEA Systems, Inc., Liberty Corner, New Jersey engaged in
employment related to the Tuxedo software platform 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 25th day of October 2004.

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