Denied
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TAW-56690  /  Qualex, Inc. (Durham, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/07/2005
Most Recent Update: 04/13/2005
Determination Date: 04/13/2005
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,690

QUALEX, INC.
SUBSIDIARY OF EASTMAN KODAK
KODAK SERVICE AND SUPPORT
TELEMAINTENANCE CALL CENTER
DURHAM, NORTH CAROLINA

Negative Determinations 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 March 7, 2005, in response
to a petition filed on behalf of workers of Qualex, Inc.,
subsidiary of Eastman Kodak, Kodak Service and Support,
Telemaintenance Call Center, Durham, North Carolina. The workers
are engaged in the after-market repair of installed automated
photo-processing equipment (e.g. Picture Maker Kiosks and Minilabs)
via telephone.
The investigation revealed that Qualex, Inc., subsidiary of
Eastman Kodak, Kodak Service and Support, Telemaintenance Call
Center, Durham, North Carolina, 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 telemaintenance workers 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.
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 all workers of Qualex,
Inc., subsidiary of Eastman Kodak, Kodak Service and Support,
Telemaintenance Call Center, Durham, North Carolina 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.
Signed in Washington, D.C., this 13th day of April 2005.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance