DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,414

USTER TECHNOLOGIES, INC.
CHARLOTTE, NORTH CAROLINA

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 May 20, 2008, in response
to a petition filed by a company official on behalf of workers of
Uster Technologies, Inc., Charlotte, North Carolina. The workers
sell and service textile quality control instruments produced at
affiliated facilities, primarily abroad.
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production of an article(s)
occurred within the firm or appropriate subdivision, the sales
and service personnel do not support production at any facility,
and there are no affiliated facilities currently certified for
trade adjustment assistance benefits. Thus the worker group can
not 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 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 Uster
Technologies, Inc., Charlotte, North Carolina 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