DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,160

DATAPRODUCTS USA LLC
DIVISION OF CLOVER HOLDINGS, INC.
CALEXICO, CALIFORNIA

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 September 19, 2007, in
response to a petition filed by a state agency representative on
behalf of workers of DataProducts USA LLC, Division of Clover
Holdings Inc., Calexico, California. Workers at DataProducts USA
LLC, Division of Clover Holdings Inc., Calexico, California are
engaged in the sorting, stocking, and shipping of used toner
cartridges.
The investigation revealed that workers of DataProducts USA
LLC, Division of Clover Holdings Inc., Calexico, California do not
produce an article within the meaning of Section 222(a)(2) of the
Act. 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 and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. Workers of DataProducts USA LLC, engaged
in the sorting, stocking, and shipping of used toners cartridges do
not support a firm or appropriate subdivision that produces an
article domestically and 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 of the facts obtained during the
investigation, I determine that all workers of DataProducts USA
LLC, Division of Clover Holdings Inc., Calexico, California are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 27th day of November 2007


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