DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,808

DAKO COLORADO
ERIDAN PATHOLOGY INSTRUMENTATION DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
VOLT AND AEROTEK
FT. COLLINS, COLORADO


Notice of Revised Determination
on Reconsideration

On July 23, 2007, the Department of Labor (Department)
issued a Negative Determination Regarding Eligibility to Apply
for Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance applicable to the Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA) petition filed
by company officials on behalf of workers and former workers of
Dako Colorado, Eridan Pathology Instrumentation Division, Ft.
Collins, Colorado (subject firm). The Department’s Notice of
negative determination was published in the Federal Register on
August 9, 2007 (72 FR 44866).
The negative determination stated the petition was denied
because Section 222(a)(2)(A)(I.C) and (II.C) of the Trade Act of
1975, as amended, was not satisfied. The investigation revealed
that the subject firm did not import during the relevant period
and that, following a shift of production to Denmark, which began
in 2006, the subject firm does not anticipate importing to United
States customers until 2008 or 2009.
The determination also stated that the subject workers are
engaged in research, development and design work on bio-tech
instruments, and are separately identifiable from other workers
at the subject firm. The determination further stated that
subject firm production ceased in October 2006 and the workers’
separations are a continuation of the shift of production abroad.
By letter dated August 8, 2007, a company official requested
administrative reconsideration of the Department’s negative
determination. The request for reconsideration alleged that
following the shift of bio-tech instrumentation production
abroad, there is likely to be an increase in imports by the
subject firm and its customers of articles that are like or
directly competitive with those produced by the subject firm.
During the reconsideration investigation, the official
explained that Dako Colorado has two divisions, that the two
divisions operate independently, and that the Eridan Pathology
Instrumentation Division produces bio-tech instrumentation.
Therefore, the Department determines that the subject workers are
engaged in the production of bio-tech instrumentation.
During the reconsideration investigation, the company
official confirmed previously-submitted information and provided
additional information regarding the subject firm’s intention to
import bio-tech instrumentation from Denmark to satisfy its
domestic customers.
Based on the additional information obtained during the
reconsideration investigation, the Department determines that
Section 222(a)(2)(A)(II.C) of the Trade Act of 1975, as amended,
has been satisfied.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over. Workers possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional information obtained
during the reconsideration investigation, I determine that bio-
tech instrumentation production at Dako Colorado, Eridan
Pathology Instrumentation Division, Ft. Collins, Colorado shifted
abroad and there is a likelihood of increased imports of articles
like or directly competitive with those produced at the subject
firm following the shift of production abroad.




In accordance with the provisions of the Act, I make the
following certification:
"All workers of Dako Colorado, Eridan Pathology
Instrumentation Division, including on-site workers of Volt
and Aerotek, Ft. Collins, Colorado, who became totally or
partially separated from employment on or after July 9, 2006
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C. this 23rd day of August 2007


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,808

DAKO COLORADO
ERIDAN PATHOLOGY INSTRUMENTATION DIVISION
FT. COLLINS, COLORADO

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,
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 July 10, 2007 in response
to a petition filed by a company official on behalf of workers of
Dako Colorado, Eridan Pathology Instrumentation Division, Ft.
Collins, Colorado. The workers of the subject Division currently
do research, development and design work on bio-tech
instrumentation used for cancer research. The workers of the Eridan
Pathology Instrumentation Division are separately identifiable from
other workers at the Ft. Collins facility.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) have not been met.
The investigation revealed that work on production of the bio-
tech instrumentation ceased in October of 2006. In 2006 the subject
firm began shifting development work on the production of improved
instrumentation to Denmark. Anticipated separations at the Ft.
Collins facility are a continuation of this shift.
The subject firm did not import bio-tech instrumentation
during the period under investigation, and currently does not
anticipate importing to United States customers until 2008 or 2009.
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 the
investigation, I determine that all workers of Dako Colorado,
Eridan Pathology Instrumentation Division, Ft. Collins, Colorado,
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 23rd day of July 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance














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