DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,612

MKS INSTRUMENTS, INC.
APPLIED SCIENCE AND TECHNOLOGY, INC.
MEDICAL ELECTRONICS DIVISION
INCLUDING ON-SITE WORKERS OF THE EMPLOYMENT STORE, VOLT, AND
AEROTEK
COLORADO SPRINGS, COLORADO

Certification 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.
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 January 11, 2006 in
response to a petition filed by a company official on behalf of
workers of MKS Instruments, Inc., Applied Science and Technology,
Inc., Medical Electronics Division, Colorado Springs, Colorado.
The workers of the subject firm manufacture RF amplifiers. Workers
are not separately identifiable by product.
The subject firm also leases some workers from The Employment
Store, Volt, and Aerotek.
The workers of the subject firm were previously certified
eligible to apply for adjustment assistance under petition number
TA-W-52,069, which expired on June 30, 2005. Since the expiration
of the certification, employment at the subject firm has declined.
Furthermore, the investigation revealed that the preponderance
of declines in employment at the subject firm is related to a shift
in production of some RF amplifiers to China and importing of the
RF amplifiers during this same time period.
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 group eligibility requirements
of Section 246 of the Trade Act 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 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 MKS Instruments, Inc., Applied Science and
Technology, Inc., Medical Electronics Division, Colorado
Springs, Colorado, including on-site workers of The Employment
Store, Volt, and Aerotek, who became totally separated from
employment on July 1, 2005, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 13th day of February 2006

/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance