Certified
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TAW-61582  /  Xyratex International, Inc. (Scotts Valley, CA)

Petitioner Type: Workers
Impact Date: 05/23/2006
Filed Date: 05/25/2007
Most Recent Update: 07/03/2007
Determination Date: 07/03/2007
Expiration Date: 07/03/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,582

XYRATEX INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS OF
R&D TECHNICAL SERVICES
SCOTTS VALLEY, CALIFORNIA

Certification 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.
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 in response to a petition
received on May 23, 2007, and filed by a company official on behalf
of workers at Xyratex International, Inc., Scotts Valley,
California. The worker group also includes leased workers of R&D
Technical Services working on site at Xyratex International, Inc.,
Scotts Valley, California. The workers produce automated disc
cleaning systems. The workers are not separately identifiable by
product line.
The decline in employment at the subject plant is related to a
shift in plant production of automated disc cleaning systems to
Malaysia, and subsequently importing those products into the United
States.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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 Malaysia 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 Xyratex International, Inc., including on-site
leased workers of R&D Technical Services, Scotts Valley,
California, who became totally or partially separated from
employment on or after May 23, 2006, through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 3rd day of July 2007.


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