DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,406

ADOBE AIR, INC.
PHOENIX, ARIZONA

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 November 25, 2005 in
response to a petition filed by the Arizona Employment Counselor on
behalf of workers of Adobe Air, Inc., Phoenix, Arizona. The
workers are engaged in warehousing and marketing activities.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article at a domestic
location occurred within the firm or appropriate subdivision, that
production did not occur within one year prior to the date of the
petition. Therefore, the warehouse worker group described above
does not support this production in the relevant time period. 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 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 Adobe
Air, Inc., Phoenix, Arizona 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 (ATAA) under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 29th day of December, 2005

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance