DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,367

NOVATECH ELECTRO-LUMINESCENT
CHINO, 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)(B) of
Section 222 have been met.
The investigation was initiated on May 12, 2008, in response
to a petition filed by the California State Workforce Office on
behalf of workers at Novatech Electro-Luminescent, Chino,
California. The workers at the subject firm produce electro-
luminescent lighting.
The investigation revealed production and employment at the
subject facilities declined from January through May 2008 over the
corresponding 2007 period.
The investigation further revealed that the subject firm
increased its reliance on imported electro-luminescent lighting
during the relevant period.
In addition, in accordance with Section 246 of 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 one has not
been met.
The investigation revealed that the subject firm does not have
a significant number of workers who are age 50 and above.
Significant means three or more workers in a workforce of fifty or
fewer.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electro-luminescent lighting
produced by the subject firm 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 Novatech Electro-Luminescent, Chino,
California, who became totally or partially separated from
employment on or after May 6, 2007 through two years from the
date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
I further determine that all workers of Novatech Electro
Luminescent, Chino, 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 16th day of June 2008

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance