DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,213

SANDISK CORPORATION
SUNNYVALE, CALIFORNIA

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 in response to a petition
received on May 19, 2005 and filed by the California TRA
Coordinator on behalf of workers at Sandisk Corporation,
Sunnyvale, California. The workers provided customer services,
management, engineering and purchasing functions in support of
production of flash memory storage products produced in Asia.
The investigation revealed that Sandisk Corporation,
Sunnyvale, California 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 workers of Sandisk Corporation,
Sunnyvale, California 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 assis-
tance (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
Sandisk Corporation, Sunnyvale, California 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 29th day of June 2005.

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