DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-60,080

HEWLETT PACKARD DEVELOPMENT COMPANY, L.P.
NONSTOP ENTERPRISE DIVISION
HP SAFEGUARD SOFTWARE
AUSTIN, TEXAS

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, 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.
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 September 14, 2006 in
response to a petition filed on behalf of workers of Hewlett
Packard Development Company, L.P., NonStop Enterprise Division,
HP Safeguard Software, Austin, Texas. The workers produce
security software, specifically Nonstop Safeguard for Integrity
product ID 9750, used by financial institutions. Workers are
separately identifiable by the product line.
The investigation revealed that employment within the
NonStop Enterprise Division decreased from January through
August 2006 compared with the same period the previous year. The
decline in employment is directly attributable to production at
the facility being shifted to India. A significant portion of
production in India is for import into 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 two has not been
met.
The investigation revealed that the workers' skills 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 India of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:


"All workers of Hewlett Packard Development Company, L.P.,
NonStop Enterprise Division, HP Safeguard Software, Austin,
Texas who became totally or partially separated from
employment on or after September 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."
I further determine that all workers of Hewlett Packard
Development Company, L.P., NonStop Enterprise Division, HP
Safeguard Software, Austin, Texas 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 19th of October 2006

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