DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,154

HEWLETT-PACKARD COMPANY
TRU-64 KERNEL ENGINEERING GROUP
NASHUA, NEW HAMPSHIRE

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 October 18, 2005 in
response to a petition filed on behalf of workers of Hewlett-
Packard Company, Tru-64 Kernel Engineering Group, Nashua, New
Hampshire. The worker group provides software engineering support
for various components of the Tru-64 Unix operating system.
The investigation revealed that Hewlett-Packard Company, Tru-
64 Kernel Engineering Group, Nashua, New Hampshire, 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 subject division does not directly
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.
Petitioners allege that the separations in the subject
division are directly attributable to a shift to India of the work
performed by this group at the Nashua facility. The investigation
revealed that some of the work performed by the subject division
was shifted to India. This shift to India, however, did not
involve a shift in the production of hardware. Furthermore, the
work now performed in India is transmitted to the United States via
electronic means (i.e. via the internet) and not via a physical
medium such as a CD-ROM. A shift of services abroad is not a basis
for TAA certification.
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 can
not be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Hewlett-
Packard Company, Tru-64 Kernel Engineering Group, Nashua, New
Hampshire 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 25th day of November 2005.


/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance