Petitioner Type: Company
Impact Date: 01/10/2007
Filed Date: 01/11/2008
Most Recent Update: 03/13/2008
Determination Date: 03/13/2008
Expiration Date: 05/06/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,661
AGILENT TECHNOLOGIES
MEASUREMENT SYSTEMS DIVISION
LOVELAND, COLORADO
Notice of Revised Determination
on Reconsideration
On April 17, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on April 25, 2008 (73 FR
22433-22434).
The previous investigation was initiated on January 11, 2008
and resulted in a negative determination issued on March 13,
2008. The finding revealed that the worker separations at the
subject firm were attributed to a shift in production of
automated X-ray inspection system prototypes (including software
code and hardware design functions) to Malaysia, a country that
is not a party to a free trade agreement nor a beneficiary
country with the United States. The subject firm did not import
automated X-ray inspection system prototypes (including software
code and hardware design functions) following the shift in
production to a foreign source. The denial notice was published
in the Federal Register on February 29, 2008 (73 FR 11153).
The request for reconsideration alleges that Agilent
Technologies may be in fact an importer of X-ray inspection
systems and software.
Upon further contact with company official, it was revealed
that the subject firm manufactured only software products during
the relevant period. Based on new information it has been
determined that the subject firm workers were impacted by a shift
in production of software to Malaysia during the relevant period.
The investigation also revealed that the firm recently increased
their imports of software from Malaysia.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Malaysia of articles
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be 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, Measurement Systems
Division, Loveland, Colorado, who became totally or
partially separated from employment on or after January 10,
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 also eligible
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 May 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-62,661
AGILENT TECHNOLOGIES
MEASUREMENT SYSTEMS DIVISION
LOVELAND, COLORADO
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 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 January 11, 2008 in
response to a petition filed by a company official on behalf of
workers of Agilent Technologies, Measurement Systems Division,
Loveland, Colorado. The workers are engaged in the production of
automated X-ray inspection system prototypes. The job functions
also include writing software code and creating hardware designs,
utilized for the final production of automated X-ray inspection
system prototypes.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II.C) have not been met.
The separations at the subject firm were due to a shift in
plant production of automated X-ray inspection system prototypes
(including the software code and hardware design functions) to
Malaysia, a country that is not a party to a free trade agreement
nor a beneficiary country with the United States. The subject firm
always exported the automated X-ray inspection system prototypes to
Malaysia and did not sell automated X-ray inspection system
prototypes (including the software code and hardware design
function) to domestic customers during the relevant period. The
company did not import any products that are like or directly
competitive with automated X-ray inspection system prototypes
(including the software code and hardware design function) produced
at the subject plant during the relevant period.
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 Agilent
Technologies, Measurement Systems Division, Loveland 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 13th day of March 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-62,661
AGILENT TECHNOLOGIES
MEASUREMENT SYSTEMS DIVISION
LOVELAND, COLORADO
Notice of Revised Determination
on Reconsideration
On April 17, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on April 25, 2008 (73 FR
22433-22434).
The previous investigation was initiated on January 11, 2008
and resulted in a negative determination issued on March 13,
2008. The finding revealed that the worker separations at the
subject firm were attributed to a shift in production of
automated X-ray inspection system prototypes (including software
code and hardware design functions) to Malaysia, a country that
is not a party to a free trade agreement nor a beneficiary
country with the United States. The subject firm did not import
automated X-ray inspection system prototypes (including software
code and hardware design functions) following the shift in
production to a foreign source. The denial notice was published
in the Federal Register on February 29, 2008 (73 FR 11153).
The request for reconsideration alleges that Agilent
Technologies may be in fact an importer of X-ray inspection
systems and software.
Upon further contact with company official, it was revealed
that the subject firm manufactured only software products during
the relevant period. Based on new information it has been
determined that the subject firm workers were impacted by a shift
in production of software to Malaysia during the relevant period.
The investigation also revealed that the firm recently increased
their imports of software from Malaysia.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Malaysia of articles
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be 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, Measurement Systems
Division, Loveland, Colorado, who became totally or
partially separated from employment on or after January 10,
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 also eligible
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 May 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-62,661
AGILENT TECHNOLOGIES
MEASUREMENT SYSTEMS DIVISION
LOVELAND, COLORADO
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 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 January 11, 2008 in
response to a petition filed by a company official on behalf of
workers of Agilent Technologies, Measurement Systems Division,
Loveland, Colorado. The workers are engaged in the production of
automated X-ray inspection system prototypes. The job functions
also include writing software code and creating hardware designs,
utilized for the final production of automated X-ray inspection
system prototypes.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II.C) have not been met.
The separations at the subject firm were due to a shift in
plant production of automated X-ray inspection system prototypes
(including the software code and hardware design functions) to
Malaysia, a country that is not a party to a free trade agreement
nor a beneficiary country with the United States. The subject firm
always exported the automated X-ray inspection system prototypes to
Malaysia and did not sell automated X-ray inspection system
prototypes (including the software code and hardware design
function) to domestic customers during the relevant period. The
company did not import any products that are like or directly
competitive with automated X-ray inspection system prototypes
(including the software code and hardware design function) produced
at the subject plant during the relevant period.
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 Agilent
Technologies, Measurement Systems Division, Loveland 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 13th day of March 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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