Denied
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TAW-59637  /  Americas Finance Organization (Research Triangle Park, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 06/27/2006
Most Recent Update: 07/20/2006
Determination Date: 07/20/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-59,637

AMERICAS FINANCE ORGANIZATION
A SUBDIVISION OF
LENOVO USA
RESEARCH TRIANGLE PARK, NORTH CAROLINA

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 June 27, 2006, in response
to a petition filed on behalf of workers of Americas Finance
Organization, a subdivision of Lenovo USA, Research Triangle Park,
North Carolina. The workers communicated prices of computer
hardware to customers, offered customers discounts for bulk
purchases, resolved customer disputes regarding listed prices and
updated daily computer hardware price changes.
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 customer service workers
described above do not support this production. 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 assistance
(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 Americas Finance
Organization, a subdivision of Lenovo USA, Research Triangle Park,
North Carolina, 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 20th day of July 2006

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