DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,762

AGILENT TECHNOLOGIES, INC.
GLOBAL FINANCIAL SERVICES DIVISION
COLORADO SPRINGS, COLORADO

Notice of Revised Determination
on Reconsideration

By application dated March 21, 2006, a petitioner 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 applicable to workers of
Agilent Technologies, Inc., Global Financial Services Division,
Colorado Springs, Colorado was signed on February 16, 2006. The
Department’s Notice of determination was published in the Federal
Register on March 10, 2006 (71 FR 12397). The subject workers
provide accounting and financial services.
The Department’s determination was issued on the findings
that the workers do not produce an article and do not directly
support production which took place at the subject facility.
In the request for reconsideration, the petitioner asserts
that the subject workers support production in three divisions of
Agilent Technologies, Inc. (subject firm): Test and Measurement,
Life Sciences, and Semi-Conductor Test Solutions. Supplemental
information reveals that a significant portion of subject firm
operations is related to the Test and Measurement Group.
On September 30, 2005, the subject facility was certified
for TAA and ATAA (Agilent Technologies, Inc., Electronic
Measurement Group, Colorado Springs, Colorado (TA-W-57,742G).
In previously-submitted material, a subject firm official
stated that the subject workers did not support the production of
a specific article, but provided administrative support for the
entire subject firm, including affiliated facilities producing
electronic test equipment. The material also indicated that a
significant portion of the subject worker group was separated or
threatened with separation during the relevant period.
Because the Department does not discern any significant
differences between the workers covered in TA-W-57,742G and the
subject worker group, the Department determines that, during the
relevant period, the subject workers are engaged in activity
supporting production, that the facilities they support shifted
production abroad, and that there are likely import increases of
articles like or directly competitive with those produced by the
subject firm (electronic testing equipment).
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 abroad followed by increased imports of electronic
measurement equipment like or directly competitive with those
produced by the firm contributed importantly to separations at
the subject facility. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Agilent Technologies, Inc., Global Financial
Services Division, Colorado Springs, Colorado, who became
totally or partially separated from employment on or after
January 31, 2005, 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 31st day of May 2006.

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


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,762

AGILENT TECHNOLOGIES INC.
GLOBAL FINANICAL SERVICES DIVISION
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 investigation was initiated on January 31, 2006 in
response to a petition filed on behalf of workers at Agilent
Technologies Inc., Global Financial Services Division, Colorado
Springs, Colorado. The workers at the subject firm provide
accounting and financial services.
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(s) occurred within
the firm or appropriate subdivision, the workers at the Global
Financial Services Division do not directly support this
production. Thus the worker group cannot be considered import
impacted or affected by a shift in production of an article.
The predominant cause of worker separations is the ongoing
shift of accounting and financial services to in India.
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
Agilent Technologies, Inc., Global Financial Services Division,
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 to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 16th day of February, 2006.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance