DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,377

AGILENT TECHNOLOGIES, INC.
ELECTRONIC INSTRUMENT BUSINESS UNIT
SANTA ROSA, CALIFORNIA

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 May 19, 2008 in response
to a petition filed by a State Agency Representative on behalf of
workers at Agilent Technologies, Inc., Electronic Instruments
Business Unit, Santa Rosa, California. Workers of the Business
Unit produce electronic measurement equipment.
Workers of the Agilent Technologies, Inc., Electronic
Measurements Group, Santa Rosa, California were certified
eligible to apply for trade adjustment assistance on September
30, 2005 (TA-W-57,742E). That certification expired on September
30, 2007. The Electronic Instruments Business Unit is a subgroup
of the Electronic Measurements Group.
This investigation revealed that criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers in the worker group
in the relevant time period as required by Section 222 of the
Trade Act of 1974. Significant number or proportion of the
workers in a firm or appropriate subdivision means at least
three workers in a workforce of fewer than 50 workers, five
percent of the workers in a workforce of over 50 workers, or at
least 50 workers.
Petitioners may reapply should circumstances change.
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, Inc., Electronic Instruments Business Unit, Santa
Rosa, California 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 19th day of June 2008

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