DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,588

BENCHMARK ELECTRONICS INC.
DATS DIVISION
LOVELAND, COLORADO

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to
apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on July 20, 2005 in
response to a petition filed by workers of Benchmark Electronics
Inc., DATS Division, Loveland, Colorado. The workers at the
subject facility produce automotive test systems.
The investigation revealed that sales, production, and
employment declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major declining customer regarding their purchases of
automotive test systems during 2003, 2004, and January through
July 2005 over the corresponding 2004 period. The survey
revealed increased customer imports during the relevant period.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion 1 has not been
met.
The investigation revealed that a significant number of
workers in the workers' firm are not 50 years of age or older.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced at the subject
facility contributed importantly to the decline in sales or
production and to the total or partial separation of workers of
that firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Benchmark Electronics Inc., DATS Division,
Loveland, Colorado who became totally or partially
separated from employment on or after July 19, 2004,
through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974;" and
I further determine that all workers of Benchmark
Electronics Inc., DATS Division, Loveland, Colorado are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 1st day of September 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance