Certified
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TAW-64201  /  Align Technology, Inc. (Santa Clara, CA)

Petitioner Type: Company
Impact Date: 10/09/2007
Filed Date: 10/10/2008
Most Recent Update: 11/19/2008
Determination Date: 11/19/2008
Expiration Date: 11/19/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,201

ALIGN TECHNOLOGY, INC.
ORDER ACQUISITION DIVISION
SANTA CLARA, CALIFORNIA

Certification 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.
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 October 10, 2008, in
response to a petition filed by a company official on behalf of
workers of Align Technology, Inc., Order Acquisition Division,
Santa Clara, California. The workers are engaged in the initial
part of the production of invisible orthodontic devices, which
involves scanning dental impressions into a computer system.
This investigation revealed that employment in the Order
Acquisition Group at the Santa Clara facility will decline
absolutely in January 2009.
The decline in employment is related to a shift in the
scanning portion of production of invisible orthodontic devices to
Mexico, a country that is party to a free trade agreement with the
United States.
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.
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.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that there will be a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the invisible orthodontic
devices produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Align Technology, Inc., Order Acquisition
Division, Santa Clara, California, who became totally or
partially separated from employment on or after October 9,
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 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 19th day of November 2008


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