Certified
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TAW-61750  /  Data Trace Information Services, LLC (Santa Ana, CA)

Petitioner Type: State
Impact Date: 06/19/2006
Filed Date: 06/26/2007
Most Recent Update: 08/07/2007
Determination Date: 08/07/2007
Expiration Date: 08/07/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,750

DATA TRACE INFORMATION SERVICES, LLC
SOFTWARE DEVELOPMENT DIVISION
SANTA ANA, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on June 26, 2007 in
response to a petition filed by a state agency representative on
behalf of workers at Data Trace Information Services, LLC,
Software Development Division, Santa Ana, California. The
workers write software code. The workers are separately
identifiable from other divisions within the subject firm.
The investigation revealed that sales at the subject firm
declined between 2005 and 2006 and that employment declined in
January 2007.
During the relevant period, the subject firm increased
reliance on imports of software code that is explicitly used in
a computer application, an intangible article produced by the
subject firm. This application is used by customers to purchase
and download real estate data.
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.
The group eligibility criteria for the ATAA program that
the Department must consider under Section 246 of the Trade Act
are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess
skills that are not easily transferable.

3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion (3) has not
been met.
The investigation revealed that conditions within the
industry are not adverse. National employment in the customer
computer programming services sector increased between June 2006
and June 2007.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increased imports of articles
like or directly competitive with software code produced by Data
Trace Information Services, LLC, Software Development Division,
Santa Ana, California contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:


"All workers of Data Trace Information Services, LLC,
Software Development Division, Santa Ana, California, who
became totally or partially separated from employment on or
after June 19, 2006 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
I further determine that workers of Data Trace Information
Services, LLC, Software Development Division, Santa Ana,
California are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 7th day of August 2007.


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