DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,724

NUKOTE INTERNATIONAL
FRANKLIN, TENNESSEE

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 June 22, 2007, in
response to a petition filed on behalf of workers of Nukote
International, Franklin, Tennessee. The workers sort empty
printer cartridges for recycling. They are separately
identifiable from workers performing other functions at the
Franklin, Tennessee plant.
The workers sort empty ink and toner cartridges received
from consumers. The cartridges are scanned, bar coded, sorted
in boxes by type, and shipped overseas for manufacturing.
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 domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that although
production of an article(s) occurred within the firm or
appropriate subdivision, the cartridge sorting workers described
above do not support this production. Thus, the worker group
cannot 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, I determine that workers of Nukote
International, Franklin, Tennessee, engaged in employment
related to sorting operations 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 9th day of July, 2007

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