DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,562

SEAGATE TECHNOLOGY LLC
RECORDING HEADS DIVISION
BLOOMINGTON, MINNESOTA

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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on December 8, 2006, in
response to a petition filed on behalf of workers at Seagate
Technology LLC, Recording Heads Division, Bloomington, Minnesota.
The workers of the subject firm produce wafers for disc drive read-
write heads. (The petition indicated that the workers produced
recording heads, but during the investigation it was determined
that the workers in fact produced wafers for use in disc drive
read-write heads.)
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The investigation revealed that the subject firm did not
import wafers for disc drive read-write heads from 2004 to 2005,
nor during the period of January through November 2006 when
compared to the same period in 2005.
Since the articles produced by this firm are entirely for
internal use by other company divisions located outside of the
United States the Department of Labor did not conduct a customer
survey.
Furthermore, the investigation revealed that the subject firm
shifted production of its wafers for disc drive read-write heads to
a country (Northern Ireland) that is not a party to, or a
beneficiary of, a free trade agreement with the United States, and
those products are not imported back into this country, but rather
are sent to other overseas facilities of the subject firm to be
incorporated into other products. Also, the subject firm did not
shift production of wafers to any other country (with the exception
of Northern Ireland) during the relevant period.
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 workers of Seagate
Technology LLC, Recording Heads Division, Bloomington, Minnesota,
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 in Washington, D.C. this 5th day of February, 2007


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