DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,104

INTERNATIONAL BUSINESS MACHINES (IBM)
DIVISION 35
SAN JOSE, CALIFORNIA

Negative Determinations 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 September 19, 2006, in
response to a petition filed by a state agency representative on
behalf of workers of International Business Machines (IBM),
Division 35, San Jose, California. Workers produce LTO, 3570, 3590
tape head products and components.
The investigation revealed that International Business
Machines (IBM), Division 35, San Jose, 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 at the subject firm that
produce LTO, 3570, 3590 tape head products and components are
engaged in activities as it related to repair and replacement
contracts in place for warranty, spare parts, and end of life
requirements; post-production work, not intended for sale.
Furthermore, workers 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 of the facts obtained in this
investigation, I determine that all workers of International
Business Machines (IBM), Division 35, San Jose, California, 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 at Washington, D.C. this 9th day of March 2007

/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance