DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,925

EATON CORPORATION
ICD SENSORS BUSINESS UNIT
EVERETT, WASHINGTON

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
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 March 1, 2006, in
response to a petition filed by a company official on behalf of
workers of Eaton Corporation, ICD Sensors Business Unit, and
Everett, Washington. The workers produce photoelectronic
sensors for the industrial industry. The workers are not
separately identifiable.
The preponderance in the decline in production at the
subject firm is related to a shift in plant production of
photoelectronic sensors for the industrial industry from the
Eaton Corporation, ICD Sensors Business Unit to a country
(Mexico) that is a party to free trade agreement with the United
States.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess
skills that are not easily transferable.

3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion 2 has not been
met.


The investigation revealed that workers at the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with photoelectronic sensors
for the industrial industry produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Eaton Corporation ICD Sensors Business
Unit, Everett, Washington, who became totally or partially
separated from employment on or after February 14, 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;" Act of 1974;" and







I further determine that all workers of Eaton Corporation,
ICD Sensors Business Unit, Everett, Washington are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 21st day of March, 2006

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