DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,927

TOSHIBA AMERICA BUSINESS SOLUTIONS, INC.
A SUBSIDIARY OF TOSHIBA AMERICA, INC.
DOCUMENT SOLUTIONS ENGINEERING DIVISION
IRVINE, CALIFORNIA

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 August 21, 2006, in
response to a petition filed by a state workforce representative on
behalf of workers of Toshiba America Business Solutions, Inc., a
subsidiary of Toshiba America, Inc., Document Solutions Engineering
Division, Irvine, California. Workers of the subject division
perform quality assurance testing.
The investigation revealed that Toshiba America Business
Solutions, Inc., a subsidiary of Toshiba America, Inc., Document
Solutions Engineering Division, Irvine, California, does 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 workers of Toshiba America Business
Solutions, Inc., a subsidiary of Toshiba America, Inc., Document
Solutions Engineering Division, Irvine, California 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 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, I determine that all workers of Toshiba
America Business Solutions, Inc., a subsidiary of Toshiba America,
Inc., Document Solutions Engineering Division, Irvine, California
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 19th day of September 2006


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