DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,906

OSRAM SYLVANIA PRODUCTS INC.
EQUIPMENT DEVELOPMENT CENTRAL MANUFACTURING OPERATIONS
DANVERS, MASSACHUSETTS

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. 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
facility, have become totally or partially separated, or
are threatened to become totally or partially separated;
B. the sales or production, or both, of such facility 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 November 2, 2004 in
response to a petition filed on behalf of workers at Osram
Sylvania Products Inc., Equipment Development Central
Manufacturing Operations, Danvers, Massachusetts. The workers
at the subject facility produce lamp manufacturing equipment.
The investigation revealed that criteria (a)(2)(A)(I.3)
and(a)(2)(B)(II. C) have not been met.
The investigation determined that worker separations are
unrelated to imports or a shift in production by the workers'
firm to a foreign country. The subject firm did not shift
production of lamp manufacturing equipment from the Danvers,
Massachusetts plant to a foreign country. Furthermore, the
investigation revealed that production at the subject facility
will be shifted to another domestic facility.
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 of facts obtained in the
investigation, I determine that all workers of Osram Sylvania
Products Inc., Equipment Development Central Manufacturing
Operations, Danvers, Massachusetts are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974 as amended.
Signed in Washington, D.C. this 16th day of December 2004

/s/ Linda G. Poole

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