DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,734

FOCUS ENHANCEMENTS, INC.
CAMPBELL, CALIFORNIA

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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on August 12, 2005 in response
to a petition filed on behalf of workers at Focus Enhancements,
Inc., Campbell, California. The workers at the subject firm
produce video editing products.
The investigation revealed that employment at the subject
facility declined in January through June 2005 compared with 2004.
The investigation revealed that the subject firm shifted
production of video editing products from Campbell, California to a
country (Mexico) that is party to a free trade agreement with the
United States.
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 3 has not been
met. The investigation revealed that competitive conditions
within the worker's industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Focus Enhancements, Inc., Campbell, California
who became totally or partially separated from employment on
or after August 5, 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."
I further determine that all workers of Focus Enhancements, Inc.,
Campbell, California 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/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance