DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,919

VARIAN, INC.
LIQUID CHROMATOGRAPHY AND GAS CHROMATOGRAPHY DEPARTMENTS
WALNUT CREEK, 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, 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 August 22, 2008, and filed on behalf of workers at
Varian, Inc., Liquid Chromatography Department and Gas
Chromatography Department, Walnut Creek, California. The workers
produced liquid and gas mass spectroscopy systems and related
instruments. The workers are separately identifiable by product
line.
The investigation revealed that the declines in employment in
the Liquid Chromatography Department of the subject firm are
related to the subject firm shifting its production of liquid mass
spectroscopy systems and related instruments to Australia, a
country that is a party to a free trade agreement with the United
States.
The investigation also revealed that the declines in
employment in the Gas Chromatography Department of the subject firm
are related to the subject firm shifting its production of liquid
mass spectroscopy systems and related instruments to The
Netherlands, and subsequently importing those products into the
United States.
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.
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 in the workers'
firm possess skills that are easily transferable.
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 Australia of articles that
are like or directly competitive with those produced by the subject
firm or subdivision; and that there was a shift in production from
the workers' firm or subdivision to The Netherlands 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 Varian, Inc., Liquid Chromatography Department
and the Gas Chromatography Department, Walnut Creek,
California, who became totally or partially separated from
employment on or after August 21, 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 Varian, Inc., the
Liquid Chromatography Department and the Gas Chromatography
Department, Walnut Creek, California, are denied eligibility to
apply for alternative trade assistance under section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 30th day of October 2008

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance