DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,816
HEWLETT PACKARD COMPANY
INK SUPPLIES BUSINESS DIVISION
BOISE, IDAHO

TA-W-56,816A
HEWLETT PACKARD COMPANY
IMAGING AND PRINTING GROUP-BUSINESS AND PRINTING
BOISE, IDAHO

TA-W-56,816B
HEWLETT PACKARD COMPANY
IMAGING AND PRINTING GROUP-BUSINESS AND PRINTING
ROSEVILLE, CALIFORNIA

TA-W-56,816C
HEWLETT PACKARD COMPANY
IMAGING AND PRINTING GROUP-BUSINESS AND PRINTING
VANCOUVER, WASHINGTON

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 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 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 March 24, 2005, in
response to a petition filed by a company official on behalf of
workers of Hewlett Packard Company, Ink Supplies Business
Division, Boise, Idaho (TA-W-56,816). The workers are engaged
in the production of InkJet orifice plates for desktop printers.
The petition was also filed on behalf of workers of Hewlett
Packard Company, Imaging and Printing Group-Business Imaging and
Printing Division locations in Boise, Idaho (TA-W-56,816A);
Roseville, California (TA-W-56,816B); and Vancouver, Washington
(TA-W-56,816C). The workers of the firm at these three
locations are engaged in testing and developing firmware
software used in LaserJet printers. Workers at the Boise, Idaho
and Vancouver, Washington locations are engaged in the testing
of firmware software used in LaserJet printers. Workers at the
Roseville, California location are engaged in the developing of
firmware software used in LaserJet printers.
The investigation revealed that criteria (a)(2)(A)(I.A.)
and (a)(2)(B)(II.A.) have not been met for workers of Hewlett
Packard Company, Ink Supplies Business Division, Boise, Idaho.
The investigation revealed that Hewlett Packard Company,
Ink Supplies Business Division, Boise, Idaho (TA-W-56,816) did
not separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade
Act of 1974. Significant number or proportion of the workers in
a firm or appropriate subdivision thereof, means at least three
workers with a workforce of fewer than 50 workers or five
percent of the workers with a workforce of 50 or more.
Below are the Department's investigation findings with
respect to workers of Hewlett Packard Company, Imaging and
Printing Group-Business Imaging and Printing Division, Boise,
Idaho (TA-W-56,816A), Roseville, California (TA-W-56,816B),
Vancouver, Washington (TA-W-56,816C).
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 domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that although
production of an article(s) occurred within the firm or
appropriate subdivision, the workers engaged in testing and
developing do not support domestic production of an article.
Thus, the worker group cannot 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
Hewlett Packard Company, Ink Supplies Business Division, Boise,
Idaho (TA-W-56,816); Hewlett Packard Company, Imaging and
Printing Group-Business Imaging and Printing Division, Boise,
Idaho (TA-W-56,816A); Hewlett Packard Company, Imaging and
Printing Group-Business Imaging and Printing Division,
Roseville, California (TA-W-56,816B); and Hewlett Packard
Company, Imaging and Printing Group-Business Imaging and
Printing Division, Vancouver, Washington (TA-W-56,816C), 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 26th day of May 2005

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance