DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,604

DESTRON FEARING CORPORATION
ANIMAL APPLICATIONS DIVISION
SOUTH SAINT PAUL, MINNESOTA

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated July 30, 2008, a State agency representative
requested administrative reconsideration regarding Alternative
Trade Adjustment Assistance (ATAA) applicable to workers of the
subject firm. The negative determination was signed on July 17,
2008 and published in the Federal Register on July 30, 2008 (73
FR 44284).
The workers of Destron Fearing Corporation, Animal
Applications Division, South Saint Paul, Minnesota were certified
eligible to apply for Trade Adjustment Assistance (TAA) on July
17, 2008.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the petitioner provided
sufficient information confirming that the skills of the workers
at the subject firm are not easily transferable in the local
commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Destron Fearing Corporation, Animal
Applications Division, South Saint Paul, Minnesota, who
became totally or partially separated from employment on or
after June 26, 2007 through July 17, 2010, are eligible to
apply for trade 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 August, 2008.


/s/ Linda G. Poole____________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,604

DESTRON FEARING CORPORATION
ANIMAL APPLICATIONS DIVISION
SOUTH SAINT PAUL, MINNESOTA

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, 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.
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 in response to a petition
received on June 26, 2008, and filed by the Minnesota State
Workforce Office on behalf of workers at Destron Fearing
Corporation, Animal Products Division, South St. Paul, Minnesota.
The workers produced visual and electronic radio frequency
identification (RFID) tags for animals, and RFID scanners. Workers
are not separately identifiable by product.
The investigation revealed that the subject firm anticipates
separating a significant number of workers from the St. Paul
facility. The subject firm is shifting it’s production of
electronic (RFID) tags and RFID scanners abroad, and will
subsequently import those products into the United States.
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.
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 2 has not been
met.
The investigation revealed that the workers at the subject
firm possess skills that are easily transferrable due to the
concentration of electronic assembly facilities in the local
area.
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 Spain and 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
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 Destron Fearing Corporation, Animal Products
Division, South St. Paul, Minnesota, who became totally or
partially separated from employment on or after June 26, 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,”
and;
I further determine that all workers of Destron Fearing
Corporation, Animal Products Division, South St. Paul, Minnesota
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 17th day of July 2008


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





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