DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,977

OCE' IMAGISTICS INCORPORATED
MELBOURNE, FLORIDA

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 March 10, 2006, in response
to a petition filed by the Florida State TAA Coordinator on behalf
of workers of Oce' Imagistics, Melbourne, Florida. The workers
performed the repair and refurbishment of fax machines. The subject
firm maintains and leases fax machines purchased from unaffiliated
firms.
The investigation revealed that workers at Oce' Imagistics,
Melbourne, Florida do 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 fax machine repair workers 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 of the facts obtained in the
investigation, I determine that all workers of Oce' Imagistics,
Melbourne, Florida 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 23rd day of March 2006

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance