Petitioner Type: Company
Impact Date: 10/01/2007
Filed Date: 10/15/2007
Most Recent Update: 11/06/2007
Determination Date: 11/06/2007
Expiration Date: 01/08/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,303
AGILENT TECHNOLOGIES, INC.
LIBERTY LAKE, WASHINGTON
Notice of Revised Determination
on Reconsideration
By application dated November 29, 2007 a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA).
The initial investigation resulted in a negative
determination signed on November 6, 2007, was based on the
finding that imports of test and measurement equipment prototypes
did not contribute importantly to worker separations at the
subject plant. The denial notice was published in the Federal
Register on November 21, 2007 (72 FR 65607).
In the request for reconsideration, a company official
provided additional information regarding a shift in plant
production of test and measurement equipment prototypes to a
foreign country.
The Department reviewed the findings in the initial
investigation and new information presented in the
reconsideration. Upon further review and contact with the company
official, it was revealed that the company shifted its production
of test and measurement equipment prototypes to China with the
intent to import test and measurement equipment prototypes back
into the United States. The investigation further revealed that
employment declined at the subject firm.
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.
The workers were under an existing TAA/ATAA certification that
expired on September 30, 2007.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from Agilent Technologies, Inc., Liberty Lake, Washington to China
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely 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 Agilent Technologies, Inc., Liberty Lake,
Washington, who became totally or partially separated from
employment on or after October 1, 2007, 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 8th day of January, 2008
/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-62,303
AGILENT TECHNOLOGIES, INC.
LIBERTY LAKE, WASHINGTON
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 October 15, 2007, in
response to a petition filed by a company official on behalf of
workers of Agilent Technologies, Inc., Liberty Lake, Washington.
The workers produce test and measurement equipment prototypes.
The worker group at Liberty Lake was previously certified as
eligible for trade adjustment assistance benefits. That
certification expired on September 30, 2007 (TA-W-57,572HH).
The investigation revealed that criteria I.C and II.C have not
been met.
The subject firm did not import products that are like or
directly competitive with test and measurement equipment prototypes
during the relevant period.
All product produced at the subject plant are exported to
customers. Thus, there are no imports of that product by
customers. Loss of export sales cannot be used as a basis for
certification under the Trade Act of 1974.
Petitioners have alleged that a shift in production from
Liberty Lake, Washington to a foreign location is causing worker
separations. This investigation has revealed that the production
is being shifted to a country which is not a party to a free trade
agreement with the United States or a beneficiary country. The
shift in production will not result in increased imports of like or
directly competitive articles.
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 assis-
tance (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 Agilent
Technologies, Inc., Liberty Lake, Washington 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 6th day of November 2007
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 4 -
Employment and Training Administration
TA-W-62,303
AGILENT TECHNOLOGIES, INC.
LIBERTY LAKE, WASHINGTON
Notice of Revised Determination
on Reconsideration
By application dated November 29, 2007 a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA).
The initial investigation resulted in a negative
determination signed on November 6, 2007, was based on the
finding that imports of test and measurement equipment prototypes
did not contribute importantly to worker separations at the
subject plant. The denial notice was published in the Federal
Register on November 21, 2007 (72 FR 65607).
In the request for reconsideration, a company official
provided additional information regarding a shift in plant
production of test and measurement equipment prototypes to a
foreign country.
The Department reviewed the findings in the initial
investigation and new information presented in the
reconsideration. Upon further review and contact with the company
official, it was revealed that the company shifted its production
of test and measurement equipment prototypes to China with the
intent to import test and measurement equipment prototypes back
into the United States. The investigation further revealed that
employment declined at the subject firm.
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.
The workers were under an existing TAA/ATAA certification that
expired on September 30, 2007.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from Agilent Technologies, Inc., Liberty Lake, Washington to China
of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely 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 Agilent Technologies, Inc., Liberty Lake,
Washington, who became totally or partially separated from
employment on or after October 1, 2007, 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 8th day of January, 2008
/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-62,303
AGILENT TECHNOLOGIES, INC.
LIBERTY LAKE, WASHINGTON
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 October 15, 2007, in
response to a petition filed by a company official on behalf of
workers of Agilent Technologies, Inc., Liberty Lake, Washington.
The workers produce test and measurement equipment prototypes.
The worker group at Liberty Lake was previously certified as
eligible for trade adjustment assistance benefits. That
certification expired on September 30, 2007 (TA-W-57,572HH).
The investigation revealed that criteria I.C and II.C have not
been met.
The subject firm did not import products that are like or
directly competitive with test and measurement equipment prototypes
during the relevant period.
All product produced at the subject plant are exported to
customers. Thus, there are no imports of that product by
customers. Loss of export sales cannot be used as a basis for
certification under the Trade Act of 1974.
Petitioners have alleged that a shift in production from
Liberty Lake, Washington to a foreign location is causing worker
separations. This investigation has revealed that the production
is being shifted to a country which is not a party to a free trade
agreement with the United States or a beneficiary country. The
shift in production will not result in increased imports of like or
directly competitive articles.
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 assis-
tance (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 Agilent
Technologies, Inc., Liberty Lake, Washington 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 6th day of November 2007
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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