Denied
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TAW-64406  /  Tektronix (Beaverton, OR)

Petitioner Type: State
Impact Date:
Filed Date: 11/13/2008
Most Recent Update: 02/23/2009
Determination Date: 02/23/2009
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,406
TEKTRONIX
ELECTRONIC TEST & MEASUREMENT DIVISION
LOGIC ANALYZER PRODUCTION GROUP
BEAVERTON, OREGON

TA-W-64,406A
TEKTRONIX
ELECTRONIC TEST & MEASUREMENT DIVISION
PERFORMANCE OSCILLOSCOPE PRODUCTION GROUP
BEAVERTON, OREGON

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 (19 USC
2273), as amended, 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 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 November 13, 2008 in
response to a petition filed by the Oregon State Workforce Office
on behalf of workers of Tektronix, Electronic Test & Measurement
Division, Logic Analyzer Production Group, Beaverton, Oregon (TA-W-
64,406) and Tektronix, Electronic Test & Measurement Division,
Performance Oscilloscope Production Group, Beaverton, Oregon (TA-W-
64,406A).
Workers of the Logic Analyzer Production Group (TA-W-64,406)
produce logic analyzers.
Workers of the Performance Oscilloscope Production Group (TA-
W-64,406A) produce performance oscilloscopes.
The investigation revealed that that criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.B) have not been met for both worker groups.
The subject firm did not import logic analyzers or performance
oscilloscopes, nor did it shift production to a foreign country
during the relevant period.
The Department of Labor surveyed the subject firm's customers
regarding their purchases of both logic analyzers and performance
oscilloscopes in 2006, 2007 and January through October 2008. The
survey revealed customers did not import either product during the
relevant period.
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 Tektronix,
Electronic Test & Measurement Division, Logic Analyzer Production
Group, Beaverton, Oregon (TA-W-64,406) and Tektronix, Electronic
Test & Measurement Division, Performance Oscilloscope Production
Group, Beaverton, Oregon (TA-W-64,406A), 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 23rd ay of February 2009


/s/Richard Church

RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance