DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,325

NOKIA, INC.
CUSTOMER CARE/AFTER MARKET SERVICES SITE
MELBOURNE, FLORIDA

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 January 12, 2005 in
response to a petition filed on behalf of workers at Nokia, Inc.,
Customer Service/After Market Services Site, Melbourne, Florida.
Workers at the subject facility repair and refurbish cell phones
sent back by both consumers (end-users) and carriers ("bulk
phones"), and also are engaged in warehousing and distributing
parts. The work sometimes involves fitting a new cosmetic case
and/or loading new software.
The investigation revealed that Nokia, Inc., Customer
Service/After Market Services Site, Melbourne, Florida 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 worker group seeking
certification does not support a domestic firm or appropriate
subdivision that produces an article and thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
Although the majority of phones repaired by the subject
facility are made overseas, a few of the models they repair are
made at a facility in Texas. The services performed at the subject
facility in Florida are entirely post-production, however, and
therefore the workers of the subject facility can not be considered
to be in support of production at the Texas facility.
Phones worked on at the Melbourne facility are the property of
the end-user or carrier that sent them, and are not owned and sold
by Nokia. In addition, the "bulk" phones sent back by carriers to
be refurbished at the subject facility are not re-sold by the
carriers, but rather are used in "swap stock" or "loaner" programs
to assist their customers with broken phones. The bulk work is
being transferred 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 the facts obtained in the
investigation, I determine that all workers of Nokia, Inc.,
Customer Service/After Market Services Site, Melbourne, Florida are
denied eligibility to apply for adjustment assistance under section
223 of the Trade Act of 1974, and also denied alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 9th day of February 2005.

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