Petitioner Type: Workers
Impact Date:
Filed Date: 11/24/2004
Most Recent Update: 01/06/2005
Determination Date: 01/06/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,089
NETGEAR, INC.
SANTA CLARA, CALIFORNIA
Negative Determination 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 investigation was initiated on November 24, 2004, in
response to a petition filed on behalf of workers of Netgear, Inc.,
Santa Clara, California. The workers at Netgear, Inc. are engaged
in the design and sale of switches and routers for internet
applications. Actual production of performed by unaffiliated forms.
The investigation revealed that Netgear, Inc., Santa Clara,
California, 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 product
development engineers do 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.
Conclusion
After careful review, I determine that all workers of
Netgear, Inc., Santa Clara, California are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C., this 6th day of January 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance