DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,428

APPLE COMPUTER, INC.
CONTINUATION ENGINEERING DEPARTMENT
CUPERTINO, CALIFORNIA

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 investigation was initiated in response to a petition
received on November 30, 2005 and filed on behalf of workers at
Apple Computer, Inc., Continuation Engineering Department,
Cupertino, California. The workers provided testing, repair and
office services for Apple Computer, Inc.
The investigation revealed that Apple Computer, Inc.,
Continuation Engineering Department Cupertino, California 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
petitioning workers of Apple Computer, Inc., Continuation
Engineering Department, Cupertino, California do not 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.
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 assis-
tance (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 Apple
Computer, Inc., Continuation Engineering Department, Cupertino,
California 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 28th day of December 2005.


/s/Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance