Denied
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TAW-59768  /  Lenovo, Inc. (Durham, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 07/21/2006
Most Recent Update: 08/02/2006
Determination Date: 08/02/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,768

LENOVO INCORPORATED
DURHAM, 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 July 21, 2006 in response
to a petition filed on behalf of workers of Lenovo, Incorporated,
Durham, North Carolina. Lenovo manufactures computers abroad. The
workers in Durham perform various administrative support functions
including order management and IT support, and also were involved
in customer sales and service.
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 the production of an article by the
firm occurs exclusively in foreign countries and the subject
workforce at Durham thus does not support domestic production of
computers. The worker group cannot then 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 Lenovo,
Incorporated, Durham, 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 2nd day of August 2006


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