DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,245

AGILENT TECHNOLOGIES
ASSURANCE SOLUTIONS
ROSEVILLE, CALIFORNIA

TA-W-58,245A

AGILENT TECHNOLOGIES
ASSURANCE SOLUTIONS
COLORADO SPRINGS, COLORADO

Notice of Revised Determination
on Reconsideration

By application dated January 26, 2006, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The negative determination notice applicable to workers
of Agilent Technologies, Assurance Solutions, Roseville,
California (TA-W-58,245) and Agilent Technologies, Assurance
Solutions, Colorado Springs, Colorado (TA-W-58,245A) was signed
on December 20, 2005, and published in the Federal Register on
January 10, 2006 (71 FR 1556). The subject worker group develops
software for the telecommunications industry.
The petition, filed on October 27, 2005, was denied because
the “contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met,
and there was not a shift in production abroad.
The petitioner contends that software development should be
considered production, that workers engaged in software writing
and development should be considered as engaged in production and
that production of software shifted to China, India and Scotland.
Since the issuance of the negative determination, the
Department has revised its interpretation of an article to
acknowledge that there are tangible and intangible articles and
to clarify that the production of intangible articles can be
distinguished from the provision of services. Software and
similar intangible goods that would have been considered articles
for the purposes of the Trade Act if embodied in a physical
medium will now be considered to be articles regardless of their
method of transfer.
In response to the request for reconsideration, a company
official was contacted for clarification on the shift of software
production abroad. The company official stated that, beginning
in October 2005, production shifted abroad and software was being
brought back into the United States from India and Scotland.
In accordance with Section 246 the Trade Act of 1974, as
amended, the Department herein presents the results of its
investigation regarding certification of eligibility to apply for
ATAA for older workers. In order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act, as
amended, must be met. The Department has determined in this case
that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that a shift of
production followed by increased imports of software like or
directly competitive with those produced by the subject workers
contributed importantly to separations at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Agilent Technologies, Assurance Solutions,
Roseville, California (TA-W-58,245), and Agilent
Technologies, Assurance Solutions, Colorado Springs,
Colorado (TA-W-58,245A), who became totally or partially
separated from employment on or after October 27, 2004,
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible 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 April 2006.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,245
AGILENT TECHNOLOGIES
ASSURANCE SOLUTIONS
ROSEVILLE, CALIFORNIA

TA-W-58,245A
AGILENT TECHNOLOGIES
ASSURANCE SOLUTIONS
COLORADO SPRINGS, COLORADO

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 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
3. 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 November 1, 2005 in
response to a petition filed by a company official on behalf of
workers of Agilent Technologies, Assurance Solutions Division,
Roseville, California and Colorado Springs, Colorado. The workers
develop software for the telecommunications industry. The
replication of the software is performed by other worker groups
within the company who are not represented on this petition.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The separations of Assurance Solutions division workers at the
two sites are directly attributable to Agilent’s decision to shift
the writing of software to sites in India, China and Scotland. The
replication of software into physical form, which is done in the
United States, is not being shifted abroad. Production of
replicated software by Agilent has increased in the relevant
periods and is thus not adversely affected by imports.
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 Agilent
Technologies, Assurance Solutions Division, Roseville, California
and Colorado Springs, Colorado are denied eligibility to apply for
adjustment assistance under section 223 of the Trade Act of 1974,
and are also denied eligibility for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 20th day of December 2005.

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