DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,035

ALIGN TECHNOLOGY, INC.
SANTA CLARA, CALIFORNIA

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 January 29, 2009, in
response to a petition filed by a company official on behalf of
workers of Align Technology, Inc., Santa Clara, California. The
workers are engaged in administrative services, namely, customer
care, credit and collections, accounts receivable, and event
registration.
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 petitioning
worker group does not support a firm or appropriate subdivision
that produces an article domestically and thus it cannot be
considered import impacted or affected by a shift in production of
an article.
The administrative services of this worker group are being
shifted to Costa Rica. A shift abroad of such activities does not
constitute basis for certification under current law.
The Order Acquisition Division at the subject firm was
certified for adjustment assistance on November 19, 2008. However,
this investigation revealed that workers covered under the current
petition did not provide administrative services to the certified
group and thus cannot be considered in support of domestic
production.
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.
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 Align Technology,
Inc., Santa Clara, California 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 9th day of March, 2009


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