DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,591

SUN MICROSYSTEMS, INC.
RESTORATION SERVICES
BURLINGTON, 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.
The investigation was initiated on February 17, 2005, in
response to a petition filed by a state agency representative on
behalf of workers of Sun Microsystems, Inc., Restoration Services,
Burlington, Massachusetts. The workers of the subject division
performed remote customer service and technical support via
telephone for purchasers of Sun Microsystems hardware and software.
The customer service and technical support services performed by
the subject division are entirely post-production and post-sales,
and thus did not support the production of said hardware and
software.
The investigation revealed that Sun Microsystems, Inc.,
Restoration Services, Burlington, Massachusetts 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 workers engaged in customer service
work described above 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 Sun
Microsystems, Inc., Restoration Services, Burlington, Massachusetts
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 1st day of April 2005.

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