Petitioner Type: State
Impact Date:
Filed Date: 12/09/2004
Most Recent Update: 01/24/2005
Determination Date: 01/24/2005
Expiration Date:
April 29, 2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,189
CDI CORPORATION
WORKERS AT HEWLETT-PACKARD COMPANY
CORVALLIS, OREGON
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 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 firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm 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 December 9, 2004, in
response to a petition filed by a state workforce agent on
behalf of employees of CDI Corporation, working at Hewlett-
Packard Company, Corvallis, Oregon. The workers are engaged in
activities related to the development of inkjet printer
cartridge prototypes and parts.
The investigation revealed that Hewlett-Packard in
Corvallis, Oregon, is a research and development facility for
inkjet printer cartridge prototypes and parts.
In order to certify the CDI worker group, the Department
must consider whether the workers are covered by a contract with
Hewlett-Packard and whether the Hewlett-Packard workers could be
certified if they had they filed the petition.
In the course of this investigation the Department of Labor
determined that employees of CDI working at Hewlett-Packard in
Corvallis are not under a contract with Hewlett-Packard.
Furthermore, the investigation determined that criteria
(a)(2)(A) and (a)(2)(B) could not be met for workers of the
Hewlett-Packard.
The investigation showed that employment at Hewlett-
Packard in Corvallis, Oregon did not decline during the relevant
period. Inkjet printer cartridge prototypes and parts produced
and sold by Hewlett-Packard in Corvallis, Oregon, increased from
2003 to 2004. Research and development of prototypes and parts
was not shifted abroad and remains in Corvallis, Oregon.
The investigation further determined any imports of
“finished” inkjet printer cartridges and parts cannot be
considered like or directly competitive with the prototypes
researched and developed by Hewlett-Packard, Corvallis, Oregon.
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 employees of CDI
Corporation, working at Hewlett-Packard Company, Corvallis,
Oregon, 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 24th day of January 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance