Denied
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TAW-60228  /  Eudyna Devices USA, Inc. (San Jose, CA)

Petitioner Type: State
Impact Date:
Filed Date: 10/10/2006
Most Recent Update: 10/20/2006
Determination Date: 10/20/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,228

EUDYNA DEVICES USA INC.
SAN JOSE, 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 September 10, 2006 in
response to a petition filed by the State of California on
behalf of workers of Eudyna Devices USA Inc., San Jose,
California. The workers are engaged in employment related to
inspecting semiconductors.
The investigation revealed that Eudyna Devices USA Inc.,
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 inspection workers described above
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 Eudyna Devices
USA Inc., San Jose, 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 as amended.
Signed in Washington, D.C., this 20th day of October, 2006.



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