DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,891

NER DATA PRODUCTS, INC.
DENVER, COLORADO

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 August 11, 2006, in
response to a petition filed on behalf of workers of NER Data
Products, Inc., Denver, Colorado. The workers produce imaging
supplies (ribbons, toners, fusers).
The decline in employment at the subject plant is related to a
shift in plant production of imaging supplies (ribbons, toners,
fusers) to a country (Mexico) that is a party to a free trade
agreement with the United States.
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.
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 the workers in the workers'
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:


"All workers of NER Data Products, Inc., Denver, Colorado, who
became totally or partially separated from employment on or
after August 11, 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
I further determine that all workers of NER Data Products,
Inc., Denver, Colorado, 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 25th day of August 2006.


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